Partners lived together, without being married, as secure joint tenants. They exercised the right to buy, contributing three quarters and one quarter of the price respectively. At the time they intended to marry. They did not discuss he shares, and no declaration of trust was made. One party sought an equal division on the sale.
Held: A common shared intention to share the beneficial interest in a property must be communicated. It cannot mean an intention which was in fact in both minds, but about which nothing was said. Accordingly the presumption of a resulting trust was not displaced, and the shares were as originally contributed.
Citations:
(1992) 65 P and CR 1, (1992) 24 HLR 552
Jurisdiction:
England and Wales
Citing:
Considered – Pettitt v Pettitt HL 23-Apr-1969
A husband and wife disputed ownership of the matrimonial home in the context of the presumption of advancement.
Lord Reid said: ‘These considerations have largely lost their force under present conditions, and, unless the law has lost its . .
Considered – Gissing v Gissing HL 7-Jul-1970
Evidence Needed to Share Benefical Inerests
The family home had been purchased during the marriage in the name of the husband only. The wife asserted that she had a beneficial interest in it.
Held: The principles apply to any case where a beneficial interest in land is claimed by a . .
Considered – Lloyds Bank plc v Rosset HL 29-Mar-1990
The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest . .
Cited by:
Cited – Allen and Another v Rochdale Borough Council CA 23-Mar-1999
Land was sold. It had been used as playing fields. The freehold and leasehold interests in the land were held by the respondent, and the claimants asserted it was held as bare trustees for them as charitable trustees for the school foundation. The . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 29 April 2022; Ref: scu.187403