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FAQ: Cohabitants - order for sale of property

19 May 2014

The Law Society’s Library lists resources that contain precedents for cohabitants when considering an order for sale of property.

Cohabitants - order for sale of property

Where a property is held in joint names but a sale cannot be agreed, then section 14 of the Trusts of Land and Appointment of Trustees Act 1996 states that 'Any person who is a trustee of land or has an interest in a property subject to a trust of land may make an application to the court for an order'.

Commentary on this point can be found in:

Duckworth, Matrimonial Property and Finance (looseleaf, 2000-) includes commentary on the important case of Stack v Dowden [2007] UKHL 17.

Wildblood, Cohabitation and Trusts of Land, 2nd ed. (2010).

Sample precedents can be found in:

Wood, Cohabitation, 5th ed. (2012) contains:

  • Form 1D(1) Claim form for a declaration of a beneficial interest in property and an order for sale under the Trusts of Land and Appointment of Trustees Act 1996.
  • Form 1D(2) Claimant’s witness statement in support of application for declaration/order for sale.
  • Form 1D(3) Claimant’s witness statement in support of application for sale of land under the Trusts of Land and Appointment of Trustees Act 1996.
  • Form 1D(4) Order for sale of property under the Trusts of Land and Appointment of Trustees Act 1996.

Atkin’s Court Forms, Vol. 20(2) (2012) contains:

  • Form 31 Part 8 claim form for order of sale when co-owner trustee refuses to consent to sale.
  • Form 32 Witness statement in support of claim for sale against co-owner.

Disclaimer

This FAQ is compiled by the Law Society Library. Comments relating to the questions should be sent to library@lawsociety.org.uk. While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given. 

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