Harris v Harris [1995]

Facts

• Following her husband’s death, a widow wished to have the family home sold under a trust for sale
• One of the children of the family home wished to remain in the home

Issue

• Could a sale be ordered?

Decision

• No

Reasoning

• The purpose of the trust – to provide a family home for the husband, wife and their survivors – was still continuing, and would be undermined if a sale were to be ordered
• The purpose was of the trust on which the home was held was not to provide a matrimonial home (a purpose which would have ceased on the husband’s death)