Putnam v Taylor [2009]

Facts

  • A husband defaulted on a loan secured against a house owned jointly by himself and his wife

Issue

  • Could the mortgagee seek a sale order under section 14 of the Trusts of Land and Appointment of Trustees Act 1996?

Decision

  • Yes

Reasoning

  • The wife’s share in the property would allow her to purchase a smaller property; she would suffer no undue hardship
RELATED CASE  Roake v Chadha [1984]

Posted in Land Law Revision Notes.

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