ABSTRACT
Re Citro (1990) CA H1 and H2 were business partners. W1 was separated from H1; she occupied the matrimonial home together with three young children. H2 occupied the matrimonial home with W2 and their three young children. In 1985 H1 and H2 were adjudicated bankrupt. Their sole assets were half shares of the beneficial interests in the matrimonial homes. The trustee of the bankrupts’ estates applied for orders under s 30 LPA 1925, for possession and sale of the homes. The judge made a declaration that the beneficial interest in each of the homes was held by the bankrupt husband and his wife in equal shares. Orders for possession and sale of the houses were made, but, taking into account the many problems that would affect the children of the two families, the orders for sale would be postponed until the youngest child reached the age of 16. The trustee appealed against the postponement provisos.
