The court made broad, reasoned announcements on the end of the old law and old doctrine of "trusts for sale".

Mr Marvin Fox and Marsha Shaire lived at 74 Winchmore Hill Road, London N14 as joint tenants following a transfer at the time of the divorce proceedings in 1987.

[n 1] However, payments were not met and the bank applied for a possession order under TLATA 1996 section 14.

Nothing in the language of the new code as found in the 1996 Act supports that approach.Instead, the claimant's interest should be converted to a loan for Mrs Shaire to pay off over time.

The court also held that Mrs Shaire would never have intended for Mr Fox to have a 50% interest in the property, and therefore set his share at 25%.