Source: All England Reporter
Publisher Citation: [2005] All ER (D) 169 (Nov)
Court: Chancery Division
Judge:

Alan Steinfeld QC sitting as a deputy judge of the High Court

Representation The claimant appeared in person.
  Graham Crosthwaite (instructed by Hughes Fowler Carruthers) for the defendant.
Judgment Dates: 11 November 2005

Catchwords

Trust and trustee - Constructive trust - Purchase of house as home - Both parties contributing to acquisition of property - Whether common intention that claimant should have sole beneficial interest - Whether court should order sale of property - Trusts of Land and Apportionment of Trustees Act 1996, ss 15(1), (3).

The Case

Where parties had purchased property together for their joint use, the first question was whether there was evidence from which to infer a common intention, communicated by each to the other, that each should have a beneficial share in the property. In the instant case, on the evidence, the purchase had been intended by both parties as a joint and equal venture and accordingly, the property was held by the defendant on trust for himself and the claimant in equal shares.

Practice Areas

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