Sovany & Hurrell

In the matter of *Sovany & Hurrell*, heard before Harper J, the applicant husband sought an order compelling the respondent wife to execute a varied contract for the sale of the former matrimonial home. The parties were co-owners of the property, which was subject to an existing contract of sale. The husband had negotiated an increase in the sale price, but the wife refused to sign the varied contract. The wife indicated that if the existing contract did not proceed, she would seek to retain the property in specie.

The central legal issue before the court was whether the wife should be ordered to execute the varied contract of sale for the former matrimonial home, given the husband's efforts to secure a higher sale price and the wife's refusal to consent to the variation. This involved considering the parties' respective rights and obligations as co-owners and the court's power to make orders in relation to property transactions in family law proceedings.

Harper J reasoned that the husband had taken steps to increase the sale price of the property, which was a significant financial benefit. The court considered the terms of the proposed varied contract, including the increased price, deposit, balance of purchase price, completion date, and the removal of a specific condition. The court ultimately ordered that if the husband submitted a duly executed varied contract to the wife within 21 days, incorporating these terms, the wife was to take all necessary steps to execute it.

In the event the husband failed to provide the varied contract as ordered, the parties were directed to instruct their conveyancing solicitor to issue a notice to complete under the existing contract of sale. All remaining issues arising from the parties' applications were stood over for determination by a Senior Registrar, and costs were reserved.