IMPLIED TRUSTS FAMILY HOME Flashcards
When is there an implied trust in family home?
- > When owners are not married
- > Family Law Acts give spouses/CPs automatic property rights
- > Often when legal title held by one person
How is a beneficial claim made?
Two-fold test of JONES v KERNOTT
1) Establish B interest
2) Quantify it
JONES v KERNOTT
- 2 fold claim to establish implied trust in family home
1) Establish interest
2) Quantify interest
Establishing a trust?
Express declaration = s53(1) b LPA
Or Implied s53(2) LPA
2 types of implied trust
Resulting
Constructive
Resulting trust
Get back what put in at time of purchase
LASKAR
Constructive trust (more common)
LLOYDS BANK v ROSSET
- 2 ways to prove constructive trust
LLOYD BANK v ROSSET
what are the 2 ways to prove an implied constructive trust in the home
1) Expressed common intention
2) Inferred common intention
Expressed common intention for implied constructive trust in home?
- Must be properly talked about, not just thoughts
SPRINGETTE v DEFOE - Must be detrimental reliance
EVES v EVES
Inferred common intention for implied constructive trusts of home?
- Direct financial contributions (LORD BRIDGE in LB v Rosset)
- Mortgage
- Paying for extention (Hussey v Palmer)
Jones v Kernott
Stack v Dowden
Le foe v le foe
Direct financial contribution bar is too high and not fair
Why is direct financial controbution still allowed?
Difficult to value non-financial
FULLER-BROWN
- Landscaping is ‘just what men do’
How can a Ben interest be quantified once proved?
‘whole course of dealing’ taken into account - HALE
followed by CHADWICK in
Oxley v Hiscocks
What sort of factors are considered?
- Length of relationship
- Children
- Whether one gave up career for children
- Arrangement of bank accounts etc
UNFAITHFULLNESS NEVER RELEVENT
Estoppel?
- Any assurance that they would be given interest
THORNER v MAJOK
