Can a Judge Refuse an Order for Sale? Understanding Section 15 Criteria

A common fear for co-owners is that a judge will simply say “No” to a sale. While judges have discretion, the starting point in UK law is that a co-owner is entitled to their money. However, under Section 15 of TOLATA, the court must consider specific factors before signing the order.

What the Judge Considers:    

1. The Original Intention:  Was the house bought as a “forever home” for a couple, or as a short-term investment? If the relationship is over, the “intention” has usually failed.
2. The Welfare of Minors:  This is the most common reason for a delay (not a refusal). If children reside in the home, a judge may postpone the sale until the youngest reaches 18 or finishes full-time education – but typically only if the remaining parent can demonstrate that the children’s welfare would be significantly at risk otherwise.
3. The Interests of Secured Creditors:  The court will ensure the mortgage lender’s interests are protected.
4. The Interests of the Beneficiaries:  Does the sale unfairly prejudice one person more than the other?

Strengthening Your Case

The key to winning is a well-drafted Statement of Truth. If you can demonstrate that you are being financially “suffocated” by the property or that the equity is needed for your own rehousing, the court is highly likely to find in your favour.

Conclusion

While Section 15 exists to ensure fairness, it is rarely used to block a sale indefinitely. In the vast majority of cases, the court’s goal is to help both parties move on.