V and W (ToLATA- -schedule 1 - whether to defer sale of jointly owned property) [2020] EWFC B25 (03 June 2020)

V and W (ToLATA- -schedule 1 - whether to defer sale of jointly owned property) [2020] EWFC B25 (03 June 2020)

The property should be sold as soon as reasonably practicable and the proceeds divided equally, as the current living situation is detrimental to the welfare of the minor child, the Respondent cannot maintain the property without assistance, and there is no sufficient reason to defer sale or hold the Applicant's share on trust for the child.

Citation
[2020] EWFC B25
Parties
Applicant: V; Respondent: W
Jurisdiction
England and Wales
Judgment Date
03 June 2020
Procedural Posture
To LATA and Schedule 1 Children Act 1989 Applications / Final Hearing and Judgment
Outcome
Property to be sold as soon as reasonably practicable; beneficial interests declared at 50% each; Respondent's Schedule 1 application for trust refused; costs to follow the event unless parties agree otherwise.
Legal Topics
Trusts of Land and Appointment of Trustees Act 1996 (to Lata), Schedule 1 Children Act 1989, Beneficial Ownership, Order for Sale of Property, Financial Provision for Children
Family Law Property Law Trusts of Land and Appointment of Trustees Act 1996 (to Lata) Schedule 1 Children Act 1989 Beneficial Ownership Order for Sale of Property Financial Provision for Children

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Parties

V

Applicant

W

Respondent

Procedural Posture

To LATA and Schedule 1 Children Act 1989 Applications / Final Hearing and Judgment

Legal Issues

  1. 1 Determination of beneficial interests in jointly owned property under ToLATA
  2. 2 Whether sale of property should be ordered or deferred for benefit of minor child
  3. 3 Whether Applicant's share should be held on trust for benefit of child under Schedule 1 Children Act 1989

Ratio Decidendi

The property should be sold as soon as reasonably practicable and the proceeds divided equally, as the current living situation is detrimental to the welfare of the minor child, the Respondent cannot maintain the property without assistance, and there is no sufficient reason to defer sale or hold the Applicant's share on trust for the child.

Court Disposition

Property to be sold as soon as reasonably practicable; beneficial interests declared at 50% each; Respondent's Schedule 1 application for trust refused; costs to follow the event unless parties agree otherwise.

Orders

  • Property to be put on open market and sold for best price.
  • Proceeds to be divided equally between Applicant and Respondent.