Family Law Hub

Trusts of Land and Appointment of Trustees Act 1996

Statute, published: 31/12/1996

Items referring to this

  • Application by husband for interim order for sale of matrimonial home, in course of financial remedy proceedings. Judgment, 02/10/2015, free
  • In a tweet: Court has power to order sale of property to one beneficiary Judgment, 06/08/2018, free
  • Consideration of equitable accounting where the trustee in bankruptcy was enforcing an estranged husband's share of a house he had never lived in but where his estranged wife lived with the couple's children. The house had been re-mortgaged in joint names for financial reasons after estrangement (previously it had been in the wife's sole name) but the husband had not contributed to any mortgage repayments. Judgment, 07/04/2017, free
  • Wife was seeking a declaration that she was part owner of a property and an order for sale pursuant to the Trusts of Land and Appointment of Trustees Act 1996 so that she could realise her interest. Judgment, 16/08/2017, free
  • Application by Trustee in Bankruptcy against an order that the property, which was the only asset of any value in the bankruptcy, should not be sold until the 30 year old vulnerable child of the bankrupt, who resided at the property, no longer lived there. The application was allowed and an order that the longest period of postponement of 12 months was made. Judgment, 19/07/2016, free
  • Husband's appeal against the refusal of a stay of the wife's applications under ToLATA in respect of the parties' former matrimonial home, and under Schedule 1 of the Children Act 1989 for a school fees order and child maintenance, was dismissed. Judgment, 13/11/2018, free
  • Case note, 02/12/2009, members only
  • Appeal by the trustee in bankruptcy against an order that the sale of the matrimonial home be delayed until the death or earlier permanent vacation of the property by the husband. The appeal was allowed and order for sale was made for 12 months time with permission for the husband to apply for a further postponement. Judgment, 18/10/2017, free
  • Judgment, 26/06/2006, free
  • ToLATA case in which Mr Justice Holman expressed his exasperation at the disproportionate costs that had been incurred relative to the value of the available assets, and the volume of documentation which had been produced in contravention of PD 27A, limiting bundles to 350 pages of A4 unless the court gives permission otherwise. Judgment, 05/12/2014, free
  • Judgment, 25/04/2007, free
  • Judgment, 28/01/2013, free
  • Application to appeal a finding that there was a constructive trust based upon the common intention of the cohabiting parties and that under that constructive trust, each party had a 50 per cent share in the property. Permission to appeal was granted. Judgment, 03/09/2014, free

Published: 31/12/1996

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