RA v KS (Interim Order for Sale) [2023] EWFC 102 (B) (23 June 2023)

RA v KS (Interim Order for Sale) [2023] EWFC 102 (B) (23 June 2023)

Where both parties have legal and beneficial interests in a property, the court lacks jurisdiction to order vacant possession or an interim sale on an interim application under MWPA 1882 s17, as FLA 1996 s33(3)(d) only allows prohibition, suspension, or restriction of occupation rights, not termination. The application for interim sale with vacant possession must therefore fail.

Citation
[2023] EWFC 102 (B)
Parties
Applicant: RA; Respondent: KS
Jurisdiction
England and Wales
Judgment Date
23 June 2023
Procedural Posture
Family Law Interim Application / Post FDR Directions Hearing, Determination of Interim Order for Sale and Costs
Outcome
Application dismissed; costs order against applicant
Legal Topics
Interim Order for Sale, Vacant Possession, Occupation Orders, Jurisdiction Under MWPA 1882 S17, Family Law Act 1996 S33, Costs in Family Proceedings
Family Law Property Law Interim Order for Sale Vacant Possession Occupation Orders Jurisdiction Under MWPA 1882 S17 Family Law Act 1996 S33 Costs in Family Proceedings

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Parties

RA

Applicant

KS

Respondent

Procedural Posture

Family Law Interim Application / Post FDR Directions Hearing, Determination of Interim Order for Sale and Costs

Legal Issues

  1. 1 Whether the court has jurisdiction to order vacant possession of a jointly owned property on an interim application under MWPA 1882 s17, considering FLA 1996 s33(3)(d)
  2. 2 Whether an interim order for sale with vacant possession can be made where both parties have legal and beneficial interests
  3. 3 Appropriate costs order following unsuccessful interim application

Ratio Decidendi

Where both parties have legal and beneficial interests in a property, the court lacks jurisdiction to order vacant possession or an interim sale on an interim application under MWPA 1882 s17, as FLA 1996 s33(3)(d) only allows prohibition, suspension, or restriction of occupation rights, not termination. The application for interim sale with vacant possession must therefore fail.

Court Disposition

Application dismissed; costs order against applicant

Orders

  • Applicant to pay respondent's costs of the application, summarily assessed at £5,500, payable within 14 days but not enforceable until conclusion of final financial remedy proceedings