Read the full judgment text of DCMP 805/2010 on BabelCite. This District Court judgment before Deputy District Judge Clement Lee.
Civil law – Partition Ordinance – order for sale – tenants in common – Consent Orders – hardship – discretion – ex-spouses – sentimental attachment – sale proceeds. The Plaintiff and Defendant are ex-spouses and tenants in common of a residential unit in Heng Fa Chuen. Divorce was finalized in 2006 with Consent Orders agreeing to 50:50 share and sale proceeds split. Plaintiff moved out in 2009 and applied for sale in 2010. Defendant opposed citing sentimental attachment and alleged oral promise not to sell. The Court considered whether Plaintiff promised not to sell Property forever, whether partition is practical, and whether Court should exercise discretion to order sale. The Court held that Plaintiff did not promise not to sell as it was not recorded in Consent Orders which contemplated sale. The Court held that partition is impractical as the Property is one undivided equal share. The Court held that sale would be beneficial and would not result in great hardship to the Defendant. The Court granted order for sale pursuant to section 6 of Partition Ordinance, Cap.352. Defendant to pay costs of HK$165,000. Defendant to vacate property by 15 November 2011. Sale proceeds split equally after mortgage and costs.
Legal issues: Promise not to sell · Impracticability of partition · Discretion to order sale
Outcome: Order for sale granted
Cites 2 cases