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Jones v Challenger [1961]

Facts

  • A husband and wife divorced, and the wife wished to have the matrimonial home sold

Issue

  • Could a sale be ordered?

Decision

  • Yes

Reasoning

  • The purpose of the trust on which the property was held was to provide a matrimonial home
  • The divorced of the trustees caused this purpose to cease, allowing the usual presumption that a sale will be under under a trust for sale
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