Resulting Trusts - Interests in the Fam
Introduction and Applicability
Existence of equitable interest in family home - Sense of stability & security.
Importance - Not protected under common law - cases - Need to be married or in a civil partner
Need to distinguish joint & sole ownership cases.
Joint - Stack v Dowden (2007).
Sole - Capehorn v Harris [2015].
Jones v Kernott (2011).
Lloyds Bank v Rosset (1991).
💡 Does NOT apply to
Married couples divorcing - Matrimonial Causes Act 1973.
Civil partnership dissolution - Civil Partnership Act 2004.
Court can declare existence of and quantification of property interests.
Has the power to adjust or alter property rights with consideration of fairness and needs of
Additional 'home rights' for non-legal owner. - s30 Family Law Act 1996
In occupation - Right not to be evicted.
Not in occupation - Right to apply to court for permission to enter and occupy.
Types of Trusts
Express - Express declaration of co-ownership in title documents.
Implied - Informally created.
(Purchase money) Resulting trust (PMRT)
Common intention constructive trust (CICT)
💡 Not imposed by court - Court declares that trust has already arisen.
Introduction and Applicability
Existence of equitable interest in family home - Sense of stability & security.
Importance - Not protected under common law - cases - Need to be married or in a civil partner
Need to distinguish joint & sole ownership cases.
Joint - Stack v Dowden (2007).
Sole - Capehorn v Harris [2015].
Jones v Kernott (2011).
Lloyds Bank v Rosset (1991).
💡 Does NOT apply to
Married couples divorcing - Matrimonial Causes Act 1973.
Civil partnership dissolution - Civil Partnership Act 2004.
Court can declare existence of and quantification of property interests.
Has the power to adjust or alter property rights with consideration of fairness and needs of
Additional 'home rights' for non-legal owner. - s30 Family Law Act 1996
In occupation - Right not to be evicted.
Not in occupation - Right to apply to court for permission to enter and occupy.
Types of Trusts
Express - Express declaration of co-ownership in title documents.
Implied - Informally created.
(Purchase money) Resulting trust (PMRT)
Common intention constructive trust (CICT)
💡 Not imposed by court - Court declares that trust has already arisen.
