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Trusts and Trustees: There are two parts to the question, you must answer both parts.



There are two parts to the question, you must answer both parts.


Luke and Tina had lived together for several years when eight years ago Tina
inherited £200,000. She decided to use the money as part payment for a house
for her and Luke to live in.
Tina borrowed £50,000 from Westshire Bank plc and bought a house, that was
in need of some renovation, for £250,000. After the purchase was completed,
the property was registered at the Land Registry in Tina’s sole name.
Tina paid the mortgage instalments and Tina and Luke shared equally all the
other outgoings on the house and their living expenses. Page 3 of 3

Luke did as much of the renovation work as he could himself but also paid for a
new bespoke handmade kitchen and a luxurious bathroom to be installed on the
property at a cost of £25,000.
Three years ago, Luke paid for a double garage with a store room to be built on
the property which also cost £25,000.
Tina and Luke never married.
Last year, Tina and Luke decided that they needed to spend some time apart.
Luke agreed to leave the house and decided that he would spend the next six
months travelling.
Not long ago he returned to find that Tina had sold the house for £400,000.
After repayment of the mortgage and paying the expenses of the sale, Tina
received £340,000.
Tina paid £20,000 into her current account which, at the time, was overdrawn
by £2,500. Out of that account she bought herself various pieces of jewellery
which cost £5,500 and she paid £2,000 for herself and her new partner Ari to go
on holiday. She used £1,000 on living expenses. Last week she paid £2,000 into
the account. At the moment there is £11,000 in the account.
Tina used the remaining £320,000 from the proceeds of sale to buy a flat in the
joint names of herself and her new partner, Ari.
Luke wants to know if he is entitled to any of the proceeds of sale of the house,
if so, how this will be quantified, how he can recover this money and whether he
can make Tina and Ari sell their flat.
Fully explain and critically analyse the relevant law and advise Luke if
he is entitled to any of the proceeds of sale of the house. On the
assumption that he is, explain how this amount will be quantified, how
and from whom he can recover the money and what action, if any, he
can take to bring about a sale of Tina and Ari’s flat.
80% of the mark
With regard to the division of real property when unmarried cohabiting
couples separate explain and critically evaluate the proposals for reform
put forward by the Law Commission in its Consultation Paper,
Cohabitation: The Financial Consequences of Relationship Breakdown
Law Com No. 307 and explain the approach taken in New Zealand under
the Property (Relationships) Act 1976 (as amended).
20% of the mark

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