The court was asked the extent to which a beneficial tenant in common who continues in occupation of a property following the bankruptcy of the other beneficial tenant in common ought to compensate the bankrupt’s estate for that continued occupation.
Held: The 1996 Act did not provide an exhaustive regime for determining rights as between co-owners, and the judge had been wrong to require the trustee in bankruptcy to provide some basis under the Act to make his claim. If necessary the court could look to its equitable jurisdiction to find a basis for such a claim.
Judges:
Blackburne J
Citations:
[2008] EWHC 1505 (Ch), Times 24-Jul-2008
Links:
Statutes:
Trusts of Land and Appointment of Trustees Act 1996 12 815
Jurisdiction:
England and Wales
Citing:
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Lists of cited by and citing cases may be incomplete.
Land, Insolvency
Updated: 17 July 2022; Ref: scu.270630