Beavers v Beavers [2018] NIMaster 2 (14 February 2018)

Beavers v Beavers [2018] NIMaster 2 (14 February 2018)

The court preferred Mr Mallon's reasoning that offering the property both as a whole and in lots is more likely to maximise the sale price, as it increases the pool of potential bidders. There was no evidence that marketing in lots would reduce the number of bidders or the price. The court found no evidential basis for the wife's concerns about delay or prevention of sale and ordered the property to be marketed in five lots, with a closing date for bids and a comparison of total bids for lots versus the whole property.

Citation
[2018] NIMaster 2
Parties
Petitioner: Nicola Beavers; Respondent: David Beavers
Jurisdiction
Northern Ireland
Judgment Date
14 February 2018
Procedural Posture
Ancillary Relief (family Law) / Interlocutory Application Regarding Marketing of Matrimonial Property
Outcome
Application determined; order made regarding marketing of property.
Legal Topics
Ancillary Relief, Sale of Matrimonial Property, Expert Evidence, Marketing Strategy for Property Sale
Family Law Property Law Ancillary Relief Sale of Matrimonial Property Expert Evidence Marketing Strategy for Property Sale

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Parties

Nicola Beavers

Petitioner

David Beavers

Respondent

Procedural Posture

Ancillary Relief (family Law) / Interlocutory Application Regarding Marketing of Matrimonial Property

Legal Issues

  1. 1 What is the appropriate marketing strategy for the sale of the matrimonial farm property to maximise sale price?
  2. 2 Should the property be sold as a single lot or divided into multiple lots for sale?

Ratio Decidendi

The court preferred Mr Mallon's reasoning that offering the property both as a whole and in lots is more likely to maximise the sale price, as it increases the pool of potential bidders. There was no evidence that marketing in lots would reduce the number of bidders or the price. The court found no evidential basis for the wife's concerns about delay or prevention of sale and ordered the property to be marketed in five lots, with a closing date for bids and a comparison of total bids for lots versus the whole property.

Court Disposition

Application determined; order made regarding marketing of property.

Orders

  • The property shall be offered for sale in five lots as recommended by Mr Mallon.
  • If planning permission is sought and granted, the property may be offered in six lots.