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Equities darling V Family Home protection act 1976

Dylan123 · 2011-02-22 12:59:28

How does equities darling (Bona fide purchaser) work when it comes to the family home (i.e no consent given for the sale of the property) - One rule states: Consent must have been provided. - One rule states: If the purchase of a property was in good faith it seems the transaction will be upheld? Would the spouse sue the…

22-02-2011 12:59pm

#1

Dylan123

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How does equities darling (Bona fide purchaser) work when it comes to the family home (i.e no consent given for the sale of the property)

- One rule states: Consent must have been provided.
- One rule states: If the purchase of a property was in good faith it seems the transaction will be upheld?

Would the spouse sue the Solicitor here or what would happen? I guess this never happens in practice?

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#2 27-02-2011 3:57pm

Farcear

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Statutory rules take priority over common law rules.

Note the exception created in section 54 of the Family Law Act 1995.

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#3 27-02-2011 7:24pm

Jo King

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The spouse would join the new owner of the house as well as the vendor and quite likely both solicitors. Enquiries have to be made and declarations sworn in a conveyance.

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