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

Trust and trustees - Essay ExampleThe assumption that many have is that they are protected under the legal framework of common right marriage. Tina and Luke can exemplify this fact since they lived for several years and upon breakdown of the relationship, Luke was in a fix upon the sale of the house since Tina didnt consider him or the region he had made towards the renovation 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 fairness that governs relationship breakdown for cohabitees, the rights that Luke has on Tinas flat and how he can get his share of the airplane propeller 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, expensive and uncertain to verify on and not applicable to family circumstances.3 This can be highl ighted by the disparity that exists with the relief available to married couples under the Matrimonial Causes Act 1973 (MCA)4, which enables the court to fix 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 sole name. In sole ownership cases, the difficulty arises for the non-legal owner who must dog their way through strict property law and complex candid principles under the Trust of Land and Appointment of Trustees Act 1996, which is supposed to establish an equitable interest in the property.6 There are also complications that arise in regard to joint ownership cases and this precedence has been hugely used to determine the cases of cohabitee. The