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(Court of Appeal; Thorpe and Wall LJJ; 20 July 2006)  2 FLR (forthcoming)
The judge had to take a balanced and fair decision as to which of the parties should have the benefit of a joint tenancy following the dissolution of the marriage, having regard to all the circumstances of the case including conduct of the parties. If the absence of express reference in Sch 7, para 5 of the Family Law Act 1996, dealing with transfer of tenancies on divorce, to s 33(6)(d) of the Family Law Act 1996 dealing with occupation orders, were to be construed as placing a fundamental limitation on the court's discretion to consider conduct, all sorts of practical difficulties would arise.
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