Boris Johnson has hardly been out of the headlines over the past few weeks as the PM race gains momentum, writes Linda Lamb, director and solicitor at LSL Family Law.
However, a story concerning a court ban on the sale of his family home may have passed some by, though it shines an interesting spotlight on the legal issues around how the court can intervene in a house sale in certain situations.
The couple is currently locked in divorce proceedings, and the press has speculated that the court has become involved because Johnson is planning a quick marriage to his girlfriend, Carrie Symonds.
Inheritance
So, when it comes to divorce, when can a court get involved in the sale of the family property? In this case, it is thought that the court may have stepped in to preserve Johnson and Wheeler’s four children’s inheritance.
Often the scenario is that the property is in the sole name of one partner who could then proceed to sell the property and possibly dissipate the proceeds.
The court can step in to control a couple’s assets in other circumstances and divorcing couples should be aware of these.
Divorced finalised
For example, a court also has the power to force the sale of a house once a divorce has been finalised. In this instance, either party can apply to court for an order for sale and state how the proceeds should be divided.
A counter claim could be raised to stop the sale – if, for example, there is an existing order that they are entitled to live in the house for a specific period or it’s ruled that it’s important for the couple’s children to stay in the home to complete their education or if the person remaining is in a position to buy the other out.
The court could also transfer the property title to a single name if the property had been owned jointly, as long as it represents a fair distribution of the couple’s assets and the bank is willing to agree to this transfer or there is a new mortgage.
The courts can also order a house is sold during divorce proceedings, although this a power that has been debated in the courts in the past.
Case study
In fact, a case last year (WS V HS 2018) showed that in most circumstances the court would prefer to wait until a divorce has been finalised before a property is sold – in this case the husband’s business had gone into liquidation and he needed the money as he was on job seekers allowance.
However, the wife preferred to wait 18 months to sell as the couple’s child was taking exams. In this case the court ruled in favour of the wife, although this is an issue which is likely to be debated again and if you find yourself in a similar situation it would be worth seeking legal advice.
For many divorcing couples, their property is their biggest asset and for that reason the court can become involved in the sales process – sound advice at the first stages of a divorce can ensure your assets are adequately protected for you and your children.
Linda Lamb is a family lawyer with over 20 years’ experience in the field. She is a recognised family law expert and a resolution trained, collaborative lawyer.
