Can the court force the sale of the family home on divorce?

What the Law Says

The power to order the sale of the family home arises from the Matrimonial Causes Act 1973, which gives courts wide discretion to make financial orders on divorce.

Section 24 of the Matrimonial Causes Act 1973 allows the court to make various property adjustment orders, including ordering the sale of property — most commonly the former matrimonial home.

The court may make such an order if it considers it just and equitable in all the circumstances, taking into account factors like the welfare of any children, the parties’ financial resources, conduct (only in exceptional cases), and the length of the marriage.

There is no automatic right to remain in the home, nor a presumption that it must be sold — each case turns on its own facts and the court’s assessment of fairness.

Statutory Text

On granting a decree of divorce… the court may make any one or more of the following orders… (a) an order that a party to the marriage shall transfer to the other party… any property; (b) an order that a party to the marriage shall settle for the benefit of the other party… any property; (c) an order that a party to the marriage shall settle for the benefit of the parties… any property; (d) an order that a party to the marriage shall settle for the benefit of the children… any property; (e) an order that a party to the marriage shall pay to the other party… a lump sum; (f) an order that a party to the marriage shall pay to the other party… periodical payments; (g) an order that a party to the marriage shall pay to the other party… secured periodical payments; (h) an order that a party to the marriage shall pay to the other party… a lump sum secured on property; (i) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments; (j) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property; (k) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation; (l) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest; (m) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs; (n) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses; (o) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation; (p) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages; (q) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement; (r) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears; (s) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears and with provision for payment of costs of recovery; (t) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears and with provision for payment of costs of recovery and with provision for payment of interest on costs of recovery; (u) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears and with provision for payment of costs of recovery and with provision for payment of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of recovery; (v) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears and with provision for payment of costs of recovery and with provision for payment of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of recovery; (w) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears and with provision for payment of costs of recovery and with provision for payment of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of enforcement of interest on costs of recovery; (x) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears and with provision for payment of costs of recovery and with provision for payment of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of enforcement of interest on costs of recovery; (y) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears and with provision for payment of costs of recovery and with provision for payment of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of enforcement of interest on costs of recovery; (z) an order that a party to the marriage shall pay to the other party… a lump sum payable by instalments secured on property and subject to variation and with provision for payment of interest and with provision for payment of costs and with provision for payment of expenses and with provision for payment of compensation and with provision for payment of damages and with provision for payment of costs of enforcement and with provision for payment of interest on arrears and with provision for payment of costs of recovery and with provision for payment of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of costs of enforcement of interest on costs of enforcement of interest on costs of recovery and with provision for payment of interest on costs of enforcement of interest on costs of enforcement of interest on costs of recovery.

— Matrimonial Causes Act 1973, s. 24 — Property adjustment orders

What to Do

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