In 2017 Amina and Ben, an unmarried couple, bought a house outside Lewes as a home for them and their two children, Clarice and Dominic. Amina contributed 20% more than Ben to the purchase price. The house had a large shed in the garden which Amina planned to use as a pottery workshop. The property was conveyed into their joint names but nothing was said explicitly about the beneficial interest.
In 2019 Amina wanted to re-build her workshop but Ben thought this was an unnecessary expense. Amina took out a loan from ‘Quick Cash Ltd’ secured over the property, forging Ben’s signature on the loan agreement. Amina told Ben she won the money on the lottery.
In 2020 Ben lost his job due to the pandemic. Amina needed to pay the household costs and could not keep up the re-payments on the loan. Quick Cash Ltd, the secured creditor, is seeking sale of the property. Ben and Amina want to stay in the house with the children. They are particularly concerned about the effect of sale on Clarice, who has a condition affecting her sight and is settled at a nearby school.
Advise Amina and Ben as to the allocation of the beneficial interest in the property and whether the house is likely to be sold.
How, if at all, would your answer differ if Amina had been declared bankrupt in 2020?
Type Of Service: Academic Paper writing
Type Of assignment: Essay
Number of sources: N/A
Academic Level: Undergraduate
Paper Format: OSCOLA
Line Spacing: Double
Language style: UK English