SQE Daily.

Order for sale between co-owners: TOLATA 1996 ss.14 and 15 factors

Erin and Joel, an unmarried couple, bought a freehold house in Reading, England, as their family home, in their joint names on trust for themselves as tenants in common in equal shares. They have a daughter aged eight. Their relationship has ended. Joel has moved out and applies to the court for an order that the house be sold. Erin and their daughter still live there, and Erin opposes a sale until their daughter finishes school.

Which of the following best describes how the court will decide Joel's application?

Choose one answer to see the reasoning.

  1. Land Law · FLK2No. L166

    Trustee in bankruptcy's application for sale of the family home after one year (IA 1986 s.335A)

    Which of the following best describes how the court will approach the application?

  2. Land Law · FLK2No. 25

    Overreaching on payment to two trustees and a beneficiary in actual occupation (LPA 1925 ss.2 and 27; City of London BS v Flegg)

    Which of the following best describes Margaret's position against the bank?

  3. Land Law · FLK2No. L164

    Severance by written notice, then survivorship (LPA 1925 ss.36(2), 196(3))

    Which of the following best describes who now holds the legal title and the beneficial interests in the house?