White v White [2003] EWCA Civ 924

Court of Appeal

Basic Facts : The plaintiff and defendant jointly purchased a house with a mortgage. After having children and subsequently separating, the plaintiff (the mother) sought a court order to sell the house. The defendant requested that the court exercise its discretion under Section 14 of the The Trusts of Land and Appointment of Trustees 1996 Act and refrain from granting the sale order.

Held : Sale ordered; the purpose was to be a matrimonial home. The court ruled that in divorce proceedings, matrimonial assets should be divided fairly, regardless of the individual contributions.

Arden LJ

• The intention of all creators of a trust must be considered for s.14 orders.

• The intention must be that existing at the creation of the trust, not as it changes over time.