White v White [2004] 2 FLR 321

Key point

  • Intention under 15(1)(b) TLATA refers to common intention of persons prior to the creation of the trust, a change in such intention must be common to all parties

Facts

  • A couple bought a home before their daughter was born
  • C (man) obtained the sale of the house after they had separated under s14 TLATA
  • D (woman) claimed that the judge had failed to take into account the purpose of the property has a family home and not just a matrimonial home

Held (Court of Appeal)

  • Sale ordered; the purpose was to be a matrimonial home

Arden LJ

  • Where more than one person created the trust, the intention for the purposes of section 15(1)(b) TLATA must be the common intention of all the persons who created the trust prior to its creation
  • This is because the s15(1)(a) speaks of “the intentions of the person or persons … who created the trust”, in contrast with the reference in section 15(1)(c) to the welfare of “any minor”
  • A change in the purpose of the trust can only be obtained by the consent of all the parties
  • In the present case the purpose with which the house was bought was to provide a matrimonial home, the man had not consented to the use of the property as a family home after the birth of their daughter