Q&As

A couple (A and B) have agreed to separate, sell their jointly owned home, and split the proceeds. A intends to use her share of the sale proceeds to purchase another property simultaneously with the sale of the joint home. Can the same solicitor act for both parties in respect of the sale and just for A for the purchase? Can A and B formalise their agreement as to sale proceeds immediately by entering into a declaration of trust?

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Published on: 20 March 2018
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It is not clear whether the couple are married or cohabitees, but we are told that the property in question is their home and is jointly owned. It is possible that when it was transferred to them that an express declaration of trust was included in the transfer to the effect that they were to held upon trust for themselves as beneficial joint tenants or, alternatively, as tenants in common in some agreed shares which need not be equal. If there was an express declaration of trust, it would be conclusive of their interests. If it provided that

Helen Galley
Helen Galley

XXIV Old Buildings

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.

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Jurisdiction(s):
United Kingdom
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Key definition:
Solicitor definition
What does Solicitor mean?

A lawyer who is regulated by the Solicitors Regulation Authority.

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