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Urgent need help with Equity&Trust problem question Watch

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    Clive and Mary are in love and want to move in together, so, in 1995, they decide to buy a house together. They do not marry. As Clive is only 22 and has only just secured full-time employment, the mortgage company is reluctant to give him a mortgage. Mary is older and has a much better job and so is able to secure a mortgage of £200,000. She is also able to pay £50,000 in cash, whereas Clive can only contribute £5000. Mary has the legal estate in the house, but she and Clive orally agree that they are going to hold the house in equal shares. They do not make any written declaration of trust.

    They live in the house for 10 years, during which Clive pays some of the bills and carries out a renovation project involving redecorating and rewiring the whole house and building an extension. Mary is the main wage earner and repays the mortgage. In the course of their relationship they have three children.

    In 2005, Clive leaves. He has little contact with Mary and the children and makes no financial contribution to the house or the children, leaving Mary to pay for everything. Clive and Mary do not discuss whether his leaving changes how they share the house.

    In 2010, Clive tells Mary that he wants his half share in the house, as they agreed in 1995.



    Thanks!
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    What do you think? Have you encountered specific problems or do you not know where to start?
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    My structure is

    1. Resulting Trust - Contribution of £5000
    2. Constructive Trust
    a) express agreement + detrimental reliance
    b) inferred common intention
    3. Quantification of shares
    4. Proprietary estoppel

    I was wondering should inferred common intention be discussed together with express agreement before the discussion of detrimental reliance? Or should it be discussed after the discussion for express agreement + detrimental reliance?
    Thank you!
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    (Original post by caneel)
    My structure is

    1. Resulting Trust - Contribution of £5000
    2. Constructive Trust
    a) express agreement + detrimental reliance
    b) inferred common intention
    3. Quantification of shares
    4. Proprietary estoppel

    I was wondering should inferred common intention be discussed together with express agreement before the discussion of detrimental reliance? Or should it be discussed after the discussion for express agreement + detrimental reliance?
    Thank you!
    When is inferred common intention important? If there's an express agreement, that's usually conclusive evidence that a common intention exists. You look to infer a common intention where there's an implied, not an express, agreement.
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    Just thought that it would be better to discuss both since this is a 2k words assignment. Of course my emphasis would be on express agreement. Was wondering whether it is wise to discuss infer and express common intention together before going to detrimental reliance. Anyway i've got the answer from my lecturer. So ty anyway.
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    Makes most sense to consider express agreement first as this is the strongest possible form of common intention

    2000 words is not a lot if you consider the issues in any sort of detail and have a decent knowledge of the case law, start writing and it soon goes
 
 
 
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