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Putnam v Taylor [2009]


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


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


  • Yes


  • The wife’s share in the property would allow her to purchase a smaller property; she would suffer no undue hardship
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