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Orders for sale: the creditor and the family home: part 2

Orders for sale: the creditor and the family home: part 2

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2012) Orders for sale: the creditor and the family home: part 2. Family Law, 42. pp. 180-184. ISSN 0014-7281

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Abstract

This, the second part of a two-part article on the discretionary powers of the courts to order a sale of the family home at the request of a secured creditor, continues the review begun in part one of common factors taken into account by the courts in post-1996 cases when balancing the interest of the creditor and debtor. Considers the availability of alternative accommodation, the health of the parties, the right to private and family life, the age of the parties, hardship a sale would cause other family members and delay on the part of the creditor in prosecution of proceedings to recover its debt.

Item Type: Article
Uncontrolled Keywords: orders for sale, family home, trust of land, chargees, s.15 of the Trusts of Land and Appointment of Trustees Act 1996
Subjects: K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
School of Humanities & Social Sciences > Law & Criminology Research Group
Related URLs:
Last Modified: 14 Oct 2016 09:18
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/7495

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