When a relationship breaks down, one party usually moves out of the family home, yet both may have an equal entitlement to remain.

The non-resident party will usually want the property to be sold and receive their share of the proceeds, or for their share to be bought out. They will also want to be freed from the obligations they have on the mortgage. The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) sets the framework for this to be dealt with.

The Court decides on what share each party has and whether a sale should be made now or whether a lump sum payment should be made. The Court may consider whether the property should not be sold and postponed until children have obtained the age of 18 or finished full-time education.