Equity and Trusts

Watch this thread
alderaanduran
Badges: 3
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#1
Report Thread starter 5 years ago
#1
Is anyone good with resulting trust and constructive trust in family home for cohabiting couples? How do I approach the problem question for a couple who have been living together with kids, the property is bought in the lady's name due to an inheritance from her father. She let the property so she could receive rent from it to support her partner and kids. She buys another property (again in her name only) by mortgaging the property she bought with the inheritance money. Her partner paid the deposit (from his own business in his own name) for the second house she bought. Some years later her partner wants to buy a property in his own name so he pressures her into re-mortgaging the previous two houses to buy this house. They both pay the mortgage for some years but her partner stops paying his share because he has taken some months off work so he can renovate the house last bought.
They no longer wish to continue with their relationship together and she wants to sell everything to move to another city. Her partner states that they both signed a document which says that the second house to which he paid the deposit for was to be owned jointly. She is seeking a declaration of her sole ownership to all three houses....

How do I start to answer these issues in terms of resulting trusts and constructive trusts for cohabiting couples?
0
reply
alderaanduran
Badges: 3
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#2
Report Thread starter 5 years ago
#2
I am confused what that written document is with their signatures, it's not a declaration of trust is it? Does it count... How do I apply if it's resulting trust or constructive trust... the lady's contributions are much higher than his deposit towards one of the properties so I have stack v dowden, legally she owns it all because of the re-mortgaging?. I am so all over the place with this... Need to structure it all...
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Were exams easier or harder than you expected?

Easier (21)
27.63%
As I expected (23)
30.26%
Harder (28)
36.84%
Something else (tell us in the thread) (4)
5.26%

Watched Threads

View All