[2007] EWCA Civ 748, 20 June 2007. The appellant (V) appealed against an order for sale of the former matrimonial home for which the first respondent trustee in bankruptcy (T) had applied on behalf of her former husband, the second respondent (E). V and E had agreed to vary the contracts of trusts on which they had previously held the home, so that V would receive two thirds value of the sale, and E one third. V was to have exclusive occupation rights within the property until the sale. T applied for an order of sale, which V and E opposed. The judge held that V's rights were qualified and would not be violated by the sale order. The issue was whether it was for the court to make the order for sale. "Held": (1) Without some force going beyond the wishes of the parties, arguments based on the Insolvency Act 1986 should be discounted. (2) Directing V and E to sell the house was not inconsistent with the Trust of Land and Appointees in Trust Act. The judge was right to hold that E's rights by order could be overridden by a court?s order for sale. Appeal dismissed.