McKenzie vNutter: ScSf 2007

A cohabiting couple had bought a house in joint names. They intended to live together as a couple in the property, and that they would both sell their own separate houses and apply the proceeds towards the purchase of their new home. In the event only one of them contributed the proceeds of his house towards its purchase and paid the costs associated with maintaining and improving the property. The other continued to reside in her own house, which due to her bad faith she did not sell. She then insisted on a division and sale of the property. Following the state of the title, the expectation was that when the property was sold the proceeds would be paid to the parties equally.
Held: The party who had contributed everything towards its purchase and upkeep was to be entitled to recover the other party’s share of the proceeds, on the ground that she had been unjustly enriched because the condition on which the enrichment was given, due to her bad faith, did not materialise.


Sheriff Principal Lockhart


2007 SLT (Sh Ct) 17



Cited by:

CitedStack 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, Family

Updated: 04 August 2022; Ref: scu.251491