Bedson v Bedson [1965] 2 QB 666

Facts

• Mr. and Mrs. Bedson jointly purchased a home.
• Following their separation, Mr. Bedson moved out; Mrs. Bedson remained in the property with their two children.
• Mr. Bedson applied for an order for sale under section 30 of the Law of Property Act 1925.
• Mrs. Bedson objected to the sale, arguing that the home was necessary for her and the children’s welfare.

Issues

1. Whether the court had the authority under section 30 of the Law of Property Act 1925 to order the sale of jointly owned property when one party objected.
2. Whether the original purpose of the property as a family home prevented a sale after the marriage breakdown.
3. How courts should balance the interests of both owners, especially regarding the welfare of children, when considering whether to order a sale.

Decision

• The High Court initially refused to order the sale, reasoning the property’s purpose as a family home remained controlling.
• The Court of Appeal reversed this decision, holding that the family home purpose no longer applied following marital breakdown.
• The Court of Appeal decided that section 30 allows courts to order the sale of jointly owned property despite one owner’s objection.
• The court emphasized that the welfare of the children is a primary, though not exclusive, consideration in such cases.
• It acknowledged both parties’ interests, suggesting Mrs. Bedson could secure alternative housing with proceeds from the sale.

Legal Principles

• Section 30 of the Law of Property Act 1925 grants courts discretion to order a sale of jointly owned property even if joint owners disagree.
• The court’s consideration extends to all relevant factors, with children’s welfare being a primary concern in family cases.
• The original purpose for acquiring the property does not prevent a sale when circumstances have changed, such as marital breakdown.
• Courts are empowered to resolve joint ownership disputes by balancing legal rights and welfare considerations.

Conclusion

Bedson v Bedson established that courts hold broad authority under section 30 of the Law of Property Act 1925 to order the sale of jointly owned homes after marital breakdown, prioritizing children’s welfare while balancing both parties' interests.