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.
Any help would be great!
I am doing the above question but want to know where to add the bit about s53 LPA 1925? Should I add it before the bit about the express intention or in the intro? If there is no declaration of trust can I still look at the 2 categories in rosset for establishing an interest??
If I write in Land to have a beneficial interest you need to make a deceleration of trust under s53(1)(b) and say however s53(2) does not stop the creation or operation of resulting, implied or constructive trusts. Also it must be noted that a decleration of trust would not be needed where a constructive trust is created. Is this correct? So based on the facts they have not drawn up a decleration of trust but they do not need to as the facts clearly show there is a constructive trust either express or inferred?? could I add here on the facts that as there is no deceleration then Equity follows the law: Stack v Dowden, Presumption that........??
Just need to know where to put this in terms of the problem question....
My structure is
Introduction- introduce issues, say that as Mary is legal owner she is deemed to have beneficial interest. Does anyone know which section this is which says this?
First mention that there may be a resulting trust as Clive contributes £5000 prior to acquisition of the property. however the resulting trust and contribution to mary will not get him an interest in property.
I think I should add here about the s53 bit??
Then Express common intetnion
express discussions and detrimental reliance.
Here do you think I would need more emphasis as Clive is more likely to get an interest under this category of rosset.......Is this correct? Is he able to get an express intention rather than an inferred common intention?
Then look at Inferred common intention
Direct Financial contrubutions
Is this an ok structure
Equity & Trusts... Urgent help needed Watch
- Thread Starter
- 12-12-2010 15:09