Question 3
Two years ago, brothers James and Phil bought a registered freehold property called ‘Harlow House’
as a family home. James was married to Helen and had a 10 - year - old son called Barry. Phil was
married to Louise and had a 12 - year - old son called George. The transfer deed conveyed Harlow
House to James and Phil, who were registered as proprietors, to hold on trust for themselves and
Helen, Barry, Louise and George ‘as beneficial joint tenants.’
Just over a year ago, Helen mortgaged her interest in Harlow House to Andrew so that she could buy
Barry lots of presents for Christmas. The mortgage was in writing and signed by Helen.
Phil was an ambitious rugby player, and nine months ago he left Harlow House to pursue a rugby
career in Australia. Shortly after arriving in Australia, he wrote a letter to Louise saying he was
thinking of giving his share in Harlow House to their son, George. He signed the letter and sent it by
registered post to Harlow House.
Last month, Phil died in Australia after getting attacked b y a shark. His will left everything he owned
to the rugby club he played for.
Louise and George were devastated by Phil’s death, and want Harlow House to be sold so that they
can move to Australia and live where Phil was happiest. James and Helen want to remain in Harlow
House as Barry is thriving in the local school. The current value of Harlow House is £300,000, and the
outstanding debt on Helen’s mortgage is £3,000, though she has fallen behind with her repayments
recently.
Advise the parties:
(i) who were the legal and equitable co - owners of the house when it was acquired, and the
nature of their co - ownership at that time;
(ii) whether the events subsequent to acquisition affected the co - ownership of the house; and
(iii) whether Louise and George are likely to obtain a court order for an immediate sale of the
house.
Two years ago, brothers James and Phil bought a registered freehold property called ‘Harlow House’
as a family home. James was married to Helen and had a 10 - year - old son called Barry. Phil was
married to Louise and had a 12 - year - old son called George. The transfer deed conveyed Harlow
House to James and Phil, who were registered as proprietors, to hold on trust for themselves and
Helen, Barry, Louise and George ‘as beneficial joint tenants.’
Just over a year ago, Helen mortgaged her interest in Harlow House to Andrew so that she could buy
Barry lots of presents for Christmas. The mortgage was in writing and signed by Helen.
Phil was an ambitious rugby player, and nine months ago he left Harlow House to pursue a rugby
career in Australia. Shortly after arriving in Australia, he wrote a letter to Louise saying he was
thinking of giving his share in Harlow House to their son, George. He signed the letter and sent it by
registered post to Harlow House.
Last month, Phil died in Australia after getting attacked b y a shark. His will left everything he owned
to the rugby club he played for.
Louise and George were devastated by Phil’s death, and want Harlow House to be sold so that they
can move to Australia and live where Phil was happiest. James and Helen want to remain in Harlow
House as Barry is thriving in the local school. The current value of Harlow House is £300,000, and the
outstanding debt on Helen’s mortgage is £3,000, though she has fallen behind with her repayments
recently.
Advise the parties:
(i) who were the legal and equitable co - owners of the house when it was acquired, and the
nature of their co - ownership at that time;
(ii) whether the events subsequent to acquisition affected the co - ownership of the house; and
(iii) whether Louise and George are likely to obtain a court order for an immediate sale of the
house.
