This Q&A raises the problems which can arise when a relationship has broken down and the ownership of the couple’s jointly owned property needs to be resolved. What in theory should be a straightforward matter can quickly become complicated as each party adopts entrenched positions in respect of what may be the most valuable asset owned by the couple and which must now be divided to provide separate accommodation for each of them. Often the only way to resolve the matter is to sell the property on the open market so that

Loft extension In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the demise. There are various remedies for the unauthorised loft extension which, may be available to the landlord and/or neighbouring leaseholder, including potentially trespass and/or nuisance—in respect of which, see: • Q&A: What remedies are available for a tenant whose neighbour

This Q&A raises the distinction between a company and its directors and the effect of the Companies Act 2006 (CA 2006). The starting point is that a company has a separate identity and personality from its directors. A contract may be made by a company under its common seal or on its behalf by a person acting under its authority (CA 2006, s 43(1)). While it can only act through the decisions of its directors, they do so as agents for the company. The corollary of this is that the company rather than the directors have the liability under any contract into which it enters. While the directors may be called upon to enter into guarantees in respect of the company’s performance of those obligations, their liability will only flow from that separate contract rather than

In this Q&A, the husband and wife own the property 100% as between themselves and are UK resident. The company does not presently have a share in the property. SDLT If a loan was made by the company to the husband and wife, and that loan is satisfied by the company in return for receiving an undivided share of the property (effected by the husband and wife declaring a trust in respect of the property in favour of themselves and the company in specified undivided shares), then the acquisition of that interest by the company would be a land transaction for the purposes of stamp duty land tax (SDLT). There is no doubt that the interest

Although the co-owners hold the beneficial interests in the property as tenants in common in equal (or unequal) shares, they hold the legal estate as joint tenants, and survivorship applies on the death of one of the joint tenant. Thus, on the death of the mother, the legal estate is automatically vested in the three survivors who then held the property upon trust for themselves and the estate of the mother as tenants in common. On the subsequent death of the father, the legal estate is automatically vested in the two sons who held

In the transaction described in this Q&A, the property is held as tenants in common for H’s estate and for W. C1 and C2 (in their dual capacity as executors of H’s estate and LPA attorneys of W) wish to sell W’s share of the property to C1. After the transaction, the property would be held as joint tenants for H’s estate and C1. Is it necessary to appoint an additional trustee to overreach the interest of H’s estate? Given that the property is held as tenants

This situation could be effected by a transfer (TR1) from husband and wife to husband and daughter reflecting the latter parties’ holding as tenants in common in equal shares. The TR1 should contain a restriction to protect that position (see LRPG19). We

The answer to the question depends on the precise terms of the Will. We understand that there is an interest in possession for the testator's widow, with remainder to be held on discretionary trusts, which include the widow within the class of discretionary beneficiaries, but we are not told whether there is a an overriding power of appointment over the funds held on life interest trusts. If there is a power of appointment over the funds held on life interest trusts and if the widow is an object or one of the objects

Legal ownership of a property in England and Wales where there is more than one proprietor will always be as joint tenants. This means that each owns the indivisible whole; and if one dies, the other seamlessly becomes the sole owner (or if there are more than two legal owners, each diminishing number of owners does, until there is only one left). This is known as the doctrine of survivorship. There is no transfer, and the interest of the co-owner does not fall into their Estate; rather their interest is simply extinguished. Co-owning legal joint tenants hold the beneficial interest of the property on trust for the beneficial

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) gives the court the jurisdiction to resolve disputes in respect of the ownership of property. TOLATA 1996, s 14(2) states that on an application for an order under this section, the court may make any such order: ‘…a) relating to the exercise by the trustees of any of their functions (including an order relieving them of any obligation to obtain the consent of, or to consult, any person in connection with the exercise

This question is about the issue of what expenditure or work can be offset against a claim for occupation rent. When cohabitants separate and one remains in a property in which it is agreed or determined that the other has a beneficial interest, there may have to be an account taken of occupation rent. Following Stack v Dowden it is clear that the statutory principles contained in the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) must be applied. In simple terms, these enable the court to order the

Where a property is held by one legal owner (party A) but another person (party B) claims to be entitled to a beneficial interest in the property, party B’s interest will usually arise as a result of either a resulting or a constructive trust. The basis for a resulting trust is the presumed intention of the parties. It will arise where land is conveyed to one person such as party A, but the purchase money is provided in whole or in party by another, party B. A constructive trust will be imposed in a number of