PLA APIIT 2022

Sarah and Todd moved into their first home together in 2008. It was a small semi-detached
with 3 bedrooms at 3 Riverdale Crescent, Stafford. At the time Sarah was still a party on the
mortgage deed of another property (she previously lived with her ex-partner) and therefore
she did not become a party on the mortgage deed of the property at Riverdale Crescent. As
a result, the legal title was conveyed into Todd’s sole name. In 2009 Sarah was
subsequently released from the mortgage with her ex-partner when that property was sold,
and she received £20,000 from the proceeds of sale. Sarah then used this money to install
gas central heating into the home she shared with Todd and to have all the windows and
doors replaced with double glazed units. Todd continued to maintain the mortgage
payments to date, but Sarah contributed towards the household bills. Last week Todd told
Sarah he had met someone else and wanted Sarah to vacate the family home, which he
says is his. Sarah comes to see you for advice.

You are not required to consider any rights under the Family Law Act 1996 or
remedies as part of this assessment.
Ensure that you make reference to all applicable statutes and any case law which
may assist your client.

Please answer the following questions, using Oscola for any references and your
bibliography. The word count is 2500 words and this does not include your bibliography.

1) How could Sarah have been made a legal joint owner following the sale of her
previous property? Detail what options are available to her and what steps could
have been taken and why.

2) What type of interest (if any) does Sarah currently have in the property and how
might she make a claim and what for?

3) What might be a practical solution to this situation for both parties?

Classification: Restricted