Williams v Williams [1976]


  • A husband wished to sell his jointly owned house to realised the value of his share after he deserted his wife and 4 children, leaving them living in the house


  • Could a sale be ordered under section 30 of the Law of Property Act 1925?


  • No


  • The purpose of the trust on which the house was held was to provide a family, and not a matrimonial home, a purpose which would be undermined if a sale was ordered
RELATED CASE  First Middlesbrough Trading and Mortgage Co v Cunningham [1973]

Posted in Land Law Revision Notes.

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