McHardy and Sons (A Firm) v Warren and Another: CA 8 Apr 1994

A gift of the deposit to a couple can create an equal interest in the home for the spouses though the house is purchased in one name only. Lord Justice Dillon said: ‘To my mind it is irresistible conclusion that where a parent pays the deposit, either directly to the solicitors or to the bride and groom, it matters not which, on the purchase of their first matrimonial home, it is the intention of all three of them that the bride and groom should have equal interests in the matrimonial home, not interests measured by reference to the percentage half the deposit [bears] to the full price.’


Lord Justice Dillon


Times 08-Apr-1994, [1994] 2 FLR 338


England and Wales

Cited by:

CitedMidland Bank v Cooke and Another CA 13-Jul-1995
Equal equitable interest inferrable without proof
The bank sought to enforce a charge given by the husband to secure a business loan. The property was purchased from the husband’s and his family’s resources and the loan, and was in his name. There had been no discussion or agreement between husband . .
Lists of cited by and citing cases may be incomplete.


Updated: 10 May 2022; Ref: scu.83547