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    A buys a house, she pays £50,000 deposit and takes a mortgage of £350,000. Soon after, A's boyfriend moves in with her, each of them pay £100 towards household expenses and A's boyfriend pays alone the mortgage for 5 years. After 5 years, A's boyfriend leaves and claims he has rights for the house.

    I am thinking that there is no resulting trust as resulting trust only arises at the time of the purchase of the house, what happens afterwards does not matter - is this how easy a question this is? or is there something I am missing?
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    You're right that there's not going to be a resulting trust but based on the fact the boyfriend has paid the mortage instalments for 5 years, a common intention constructive trust is likely to arise allowing him some % of interest in the property.

    EDIT: You could also explore the household expenses issue and whether those indirect contributions COULD give rise to an interest in the propety, however, the mortgage instalments is the safe bet.
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    (Original post by vahik92)
    A buys a house, she pays £50,000 deposit and takes a mortgage of £350,000. Soon after, A's boyfriend moves in with her, each of them pay £100 towards household expenses and A's boyfriend pays alone the mortgage for 5 years. After 5 years, A's boyfriend leaves and claims he has rights for the house.

    I am thinking that there is no resulting trust as resulting trust only arises at the time of the purchase of the house, what happens afterwards does not matter - is this how easy a question this is? or is there something I am missing?
    You've only considered one issue. There's more to this question than resulting trusts. You need to think about constructive trusts - the recent decision of Jones v Kernott [2011] should help. If not, you may want to consider proprietary estoppel.
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    Mortgage payments can found a resulting trust - but only if made on the basis of the mortgage agreement entered into when the house was bought. If A and BF were jointly liable for the mortgage debt, then BF would have got an interest based on the mortgage repayments. As A is the only person who took out the mortgage, A does not get an interest. He can also get no interest under a RT from paying household expenses.

    Therefore you need to think about how to apply a constructive trust analysis.
 
 
 
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