ABSTRACT
The first issue for the trustee in bankruptcy to consider is that of who owns the property. The documentary evidence may show that the bankrupt is the sole owner of the property or it may show that the legal title to the property was conveyed to the bankrupt jointly with another, often a spouse or cohabitee. This joint ownership operates through the mechanism of a trust of land29 and if one of the co-owners does not wish the property to be sold, a court order under s 14 of the Trusts of Land and Appointment of Trustees Act 199630 will be necessary before the property can be sold free of the dissentient owner’s interest.
