The claimant sought leave to an appeal an order dismissing his claim for an interest in the property owned by his former partner and in which they had co-habited. This was the second such house. He sought an interest under a resulting trust, having contributed to the purchase costs.
Held: Though the judge had not addressed the issue now raised as to whether a resulting trust had arisen, had he done so, it would not have affected the order. Leave refused.
Judges:
Lord Justice Peter Gibson Sir William Aldous
Citations:
[2004] EWCA Civ 1515
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Marsh v von Sternberg QBD 1986
In a constructive trust case, a discount from the open market price given to a sitting tenant by the landlord selling a flat was treated as a relevant contribution by the sitting tenant. . .
Cited – Huntingford v Hobbs CA 1-Mar-1992
The parties lived together in a property transferred to the woman after her divorce. That house was sold and the defendant contributed the capital. There was a joint mortgage, but the plaintiff alone had an income from which to make payments. The . .
Lists of cited by and citing cases may be incomplete.
Trusts, Land
Updated: 27 June 2022; Ref: scu.219664