Cooke v Head: CA 1972

Lording Denning said: ‘whenever two parties by their joint efforts acquire property to be used for their joint benefit, the courts may impose or impute a constructive or resulting trust. The legal owner is bound to hold the proper on trust for them both. This trust does not need any writing. It can be enforced by an order for sale, but in a proper case the sale can be postponed indefinitely. It applies to husband and wife, to engaged couples, and to man and mistress, and maybe to other relationships too.’

Lord Denning MR
[1972] 2 All ER 38, [1972] 1 WLR 518
England and Wales


Updated: 08 January 2022; Ref: scu.188814