Facts
- 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
Issue
- Could a sale be ordered under section 30 of the Law of Property Act 1925?
Decision
- No
Reasoning
- 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
