Waller v Waller [1967] 1 WLR 451, ChD
Facts
A married couple made joint contributions to the purchase of a property intended to serve as the matrimonial home, with sole legal title to be held by the husband. As this is a statutory trust, he was obligated not to sell the property without first identifying and appointing a second trustee responsible for consulting the wife as a beneficiary of the trust. The husband attempted to sell the property without undertaking such actions, and so the wife applied to the Court for an interlocutory injunction to prevent her husband from completing the sale of the property.
Law Teacher writing support
Writing a law essay?
We choose a writer who is an expert in your area of law and qualified to at least the academic level you select. Most of our writers hold a master’s degree or PhD, have teaching experience, or both.
Send us your question and, if you wish, any marking criteria. We’ll write an essay to your instructions.
Issues
Whether the husband could legally sell the property as the owner of sole legal title where the wife is a tenant in common in equity.
Decision/Outcome
The Court held that the injunction would be granted. Had the parties not been married, then the husband would have been deemed a trustee, holding the property on trust which would have prevented him from providing good receipt of the sales proceeds had he not appointed the additional trustee as per the Law of Property Act 1925, s.26(3). The Court held, as per Stamp J, that as the wife was a tenant in common in equity, their marriage should not serve to lessen her legal rights in comparison to had she been a tenant in common in equity not married to the sole legal trustee.
