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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2011 - onwards
Version 2 of 2

128. Orders for sale of property.

(1) The court may make an order directing the sale of property specified in the order if -

(a) the property is property in which, or in the proceeds of sale of which, either or both of the civil partners has a beneficial interest, either in possession or reversion, and

(b) the court makes or has made a secured periodical payments order, a lump sum order or a property adjustment order.

(2) The court shall not exercise its jurisdiction under subsection (1) in a way that would affect a civil partner’s right to occupy the shared home by virtue of an order under this Act.

(3) An order under subsection (1) may contain the consequential and supplementary provisions that the court considers appropriate, including provisions -

(a) specifying the manner of sale and some or all of the conditions applying to the sale of the property,

(b) requiring the property to be offered for sale to a person or class of persons specified in the order,

(c) directing that the order, or a specified part of it, not take effect until the occurrence of a specified event or the expiration of a specified period,