RA v KS

RA v KS

The court lacks jurisdiction to make an interim order for sale with vacant possession against a respondent with legal and beneficial interest under MWPA 1882 s17, as FLA 1996 s33(3)(d) only allows prohibition, suspension, or restriction of occupation rights, not permanent termination.

Parties
Applicant: RA; Respondent: KS
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Family Law Interim Order for Sale / Interim Order Application and Costs Determination
Outcome
Application for interim order for sale refused; costs awarded to respondent.
Legal Topics
Interim Order for Sale, Vacant Possession, Jurisdiction Under MWPA 1882 S17, Family Law Act 1996 S33, Costs in Family Proceedings
Family Law Property Law Interim Order for Sale Vacant Possession 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 Order for Sale / Interim Order Application and Costs Determination

Legal Issues

  1. 1 Whether the court has jurisdiction to order vacant possession and interim sale of jointly owned property under MWPA 1882 s17 and FLA 1996 s33(3)(d)
  2. 2 Distinction between termination and restriction of occupation rights under FLA 1996 s33(3)(d) and (e)
  3. 3 Whether respondent is estopped from opposing sale

Ratio Decidendi

The court lacks jurisdiction to make an interim order for sale with vacant possession against a respondent with legal and beneficial interest under MWPA 1882 s17, as FLA 1996 s33(3)(d) only allows prohibition, suspension, or restriction of occupation rights, not permanent termination.

Court Disposition

Application for interim order for sale refused; costs awarded to respondent.

Orders

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