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Williams v Williams [1976]

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
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