Alexander and Beth ask your advice about whether or not the property can be sold or whether anything can be done about it. Advise Alexander and Beth.

Are we morally responsible for our actions?

Question

Martha died in December 2017 leaving a cottage to her son Alexander and his girlfriend Beth to hold as joint tenants in law and equity. Her will expressly states that she makes this gift so that Alexander and Beth can use it as a holiday home. In 2018, because their 2 year old child, Charlie, is severely disabled and the cottage is particularly accessible being single storey, Alexander, Beth and Charlie move in to the cottage.

Alexander wants to start a business working from home and so in 2019 he borrows £50,000 from The Mortgage Co plc, which he secures against his beneficial interest in the cottage. The business does not go well and The Mortgage Co plc threaten to take legal action, indicating they want the property to be sold so they can recover their loan.

i) Alexander and Beth ask your advice about whether or not the property can be sold or whether anything can be done about it. Advise Alexander and Beth.

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