Court appointed receiverships - matrimonial dispute

The second case involves a matrimonial dispute which had resulted in the Court making an order for the sale of a former matrimonial home in order that the ex-wife could receive her share of the sale proceeds, which was a fixed sum based on half of the value of the property at that time.  The former husband (defendant) refused to leave the property and would not co-operate in the sale.  He subsequently claimed to have given the Deeds of the property to his former wife from an earlier marriage.

In order that the matter could be resolved an application was made to the Court for the appointment of a receiver to deal with the sale of the property.  The Court made the appointment empowering the receiver to sell the property with good title despite the lack of Deeds and furthermore the power to realise the defendants various bank accounts in order that there were sufficient funds to defray the cost of the receivership and associated legal costs.

In the event the receiver was successful in realising the defendants various bank accounts and eventually, despite the current market, was able to sell the property.  Once the claimant had been paid and all other associated costs met, the remaining funds were returned to the defendant via the Court.  However the costs and losses incurred because of the delayed sale in a falling market, seriously depleted what the defendant could otherwise have received had he co-operated from the outset.