Jones v Challenger
Where the purpose of a trust of the home has come to an end, such as on divorce, the court will usually order sale.
Facts
Mr and Mrs Jones bought a house as their matrimonial home, as joint tenants. The marriage ended in divorce, and Mr Jones continued to live in the house alone. There were no children. Mrs Jones applied for an order for sale, and Mr Jones resisted, wanting to keep the house.
Legal principle
The Court of Appeal ordered sale. Devlin LJ said that, where land is held on trust for sale, the duty to sell will prevail unless there is a collateral purpose for which the property was bought that is still alive. Here, the purpose of providing a matrimonial home had come to an end with the divorce, and there were no children, so there was no reason why the house should not be sold. The courts now consider the factors in section 15 of the Trusts of Land and Appointment of Trustees Act 1996, which include the purpose for which the property is held.
Related cases on co-ownership and trusts of land
- Bank of Ireland Home Mortgages Ltd v Bell [2001] 2 FLR 809
- Barca v Mears [2004] EWHC 2170 (Ch)
- Bull v Bull [1955] 1 QB 234
- Burgess v Rawnsley [1975] Ch 429
- Re Citro (A Bankrupt) [1991] Ch 142
- Re Draper's Conveyance [1969] 1 Ch 486
- First National Bank plc v Achampong [2003] EWCA Civ 487, [2004] 1 FCR 18
- Goodman v Gallant [1986] Fam 106
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
