Wife v Trustee in Bankruptcy

Turner and another v Avis CA TLR 22 August

When Mr and Mrs Avis were divorced in 1985, the court made an order enabling Mrs Avis to continue to reside in the former matrimonial home until her remarriage or cohabitation, thereby creating a trust for a postponed sale held jointly by the parties. On sale Mrs Avis was to receive two thirds and Mr Avis one third of the net proceeds. In 1989 Mr Avis was adjudged bankrupt and in October 2005 his trustee in bankruptcy applied for the sale of the property.