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Family Law

The leading authority on all aspects of family law

03 DEC 2004

BANKRUPTCY/MATRIMONIAL HOME: Dean v Stout (Trustee in Bankruptcy) [2005] EWHC 3315 (Ch)

(Chancery Division; Collins J; 3 December 2004) [2006] 1 FLR 725, [2005] BPIR 1113

An unmarried couple lived at a property with their children until their relationship ended. The mother and children continued to live at the property. The father who was declared bankrupt in 2000 had brought the property with his brother who was also declared bankrupt. The father's trustee in bankruptcy applied to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996, s 14. The district judge made an order for sale and the mother appealed. Collins J held that the district judge had fully considered all the relevant factors in making a determination whether there were exceptional circumstances present under s 335(a)(iii). Collins J set out the principles that can be derived from the authorities regarding exceptional circumstances.

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