Trust and trustees Essay Example | Topics and Well Written Essays - 4000 words

trustingness and trustees - Essay ExampleThe assumption that many have is that they are protected under the legal role model of common law marriage. Tina and Luke can exemplify this fact since they lived for several years and upon breakdown of the descent, Luke was in a fix upon the sale of the house since Tina didnt consider him or the contribution he had made towards the restoration of the place they both considered home. This paper will try to give an in-depth analysis of this case study by exploring the current law that governs relationship breakdown for cohabitees, the rights that Luke has on Tinas flat and how he can jack off his share of the property back.A patchwork of legal rules are entailed in the legal rights available to cohabitants upon relationship breakdown.2 This is because the procedure of reclaiming a right over a property in a cohabiting situation is complex, pricy and uncertain to rely on and not applicable to family circumstances.3 This can be highlighted b y the disparity that exists with the sculptural relief available to married catchs under the Matrimonial Causes Act 1973 (MCA)4, which enables the court to deal with the entirety of a couples assets and provide for complete discretion when making orders, with the courts largely left to get on with it for themselves..5In Luke and Tinas situation, the property under contention was registered at the Land Registry in Tinas repair name. In sole ownership cases, the difficulty arises for the non-legal owner who must traverse their way through unyielding property law and complex equitable principles under the Trust of Land and Appointment of Trustees Act 1996, which is alleged(a) to establish an equitable interest in the property.6 There are also complications that arise in bear upon to joint ownership cases and this precedence has been hugely used to determine the cases of cohabitee. The