Assessed research Exercise in Law of Property Case Study

Assessed research Exercise in Law of Property - Case Study Example Ann and Claire remained in the house and continued to make the mortgage payments between them. The nature of their relationship changed. In 2005 they became registered civil partners. In 2007, following the death of Ann's sister, Ann's niece, Nora, now aged 8, came to live with them. I am a trainee in the firm of solicitors consulted by Ann and Claire. My principal has asked me to research the relevant law and report to the principal on the legal principles and relevant case and statue law as to: a) What are the current legal and beneficial interests in the house, and b) On the basis that Joe and Tina have an interest in the house, whether they could enforce a sale of the house. After Brenda's untimely death in 2000, the current legal and beneficial interests in the house are Ann and Claire. Brenda's parents, Joe and Tina, now have her properties but there is no mention about the house. Do Joe and Tina have any claim on the house Joe and Tina do not pay Brenda's share of the mortgage instalments although they have reportedly expressed the view that they want the house sold obviously to recover Brenda's share in the property. The roots of the problem lies in the absence of organized thinking on the part of Ann, Claire and Brenda on the action to be followed in case they are left in a position where either one of them or all of them are unable to pay the mortgage instalments. This is just one part of the problem. The bigger problem is the lack of planning about their respective rights in the property. The women have a close relationship based on love and understanding and have given little thought to the possibility of separation or the legal consequence of one of them dying or the claims of creditors on the shared home. In order to deal with the inadequacies of the current law, there is the attempt to devise a scheme which would operate to identify and quantify the parties' beneficial interests in circumstances where no express arrangements have been made. This scheme is based on an objective assessment of the economic value of the contributions made by each party sharing the home. The contributions which would qualify are to be widely defined. The court would then be able to define and declare the parties' interests by reference to the contributions made. The scheme is not intended to give the court the discretion to adjust or to re-allocate property rights. Notwithstanding the current law's position, as joint tenants, Ann, Claire and Brenda have equal share in the house. With the death of Brenda, the survivors, Ann and Claire, take over the property (Joint Tenancy). On the basis that Joe and Tina have an interest in the house, whether they could enforce a sale of the house Besides Brenda's