Order for Sale

A court order requiring the sale of property in which a judgement debtor has an interest, typically sought after a charging order has been obtained. The court has discretion to grant or refuse the order, taking into account all the circumstances including the interests of any co-owners or occupants.

In practice

Applications are made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996. The court weighs the creditor's right to enforcement against the interests of co-owners, children, and other occupants. Orders for sale are relatively uncommon in practice: the existence of a charging order often motivates the debtor to pay without the property being sold.