Where a wife contributes directly or indirectly, in money or money’s worth, to the initial deposit or to the mortgage instalments, she gets an interest proportionate to her contribution.
Evershed LJ pointed out that the task of a judge after seeing and hearing the witnesses was ‘to try to elude what at the time was in the parties’ minds and then to make an order which, in the changed conditions, now fairly gives effect in law to what the parties, in the judge’s finding, must be taken to have intended at the time of the transaction itself ‘.
Judges:
Evershed LJ
Citations:
[1948] 1 All ER 328
Jurisdiction:
England and Wales
Cited by:
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 30 November 2022; Ref: scu.251495
