Published 31 August 2021
Interlocutory application — relationship property proceedings — sale order — family home — impact of COVID-19 — housing market — Property (Relationships) Act 1976, ss 25 & 40 — Family Court Rules 2002, r 207 — District Court Rules 2016, rr 14.2 - 14.12. The parties were engaged in relationship property proceedings, and the applicant sought an order from the Court for the sale of the family home or for the home to be vested in the respondent. The respondent had occupation and protection orders in place in her favour, and had been living in the family home with the parties' two children since separation. She opposed the sale order. The applicant's stated reason for applying for the order was that he wanted the best possible sale price for the property, given how high property prices had gone since COVID-19 began. The house price had been assessed prior to COVID-19 at what the applicant argued was now an undervalue. The Judge considered the reasons for the application and the parties' circumstances and declined to make a sale order. The Judge also declined to vest the home in the respondent, concluding that it was best left for the substantive hearing as the value of the family home was at issue. A costs order was made against the applicant. Judgment Date: 15 March 2021. * * * Note: names have been changed to comply with legal requirements. * * *
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