Cohabitation Flashcards
What is Equitable/ Beneficial Ownership?
Where someone can do anything with the property as long as it is in the benefit of the owner. As long as it does not diminish the property and harm the owner.
How can ownership in England be split?
1) Legal Ownership
2) Equitable/ Beneficial Ownership
If C1 owns the property but C2 pays all the bills. Does C2 have an equitable ownership in the property?
Yes
What is a constructive trust?
A trust imposed by law.
How can the courts change the equitable ownership a couple have in a property?
Constructive Trusts can be used
Which case ruled that C2’s lack of a financial contribution resulted in them getting nothing after the bank tried to reposses the house?
Llyods Bank v. Rosset 1991
What are the three different approach to splitting a property?
1) Balance Sheet Approach
2) Family Assets Approach
3) Oxley
What is the Balance Sheet Approach?
Look at everything C1 and C2 have contributed, then add them up to see who has contributed what proportion. This takes into account renovations - as this adds value to the property.
What is the Family Assets Approach?
THe couple have been together for a long period of time and so everyting is split 50/50.
What is the Oxley Approach?
If you cannot prove common intention then you should do what is fair.
In which case was the balance sheet approach used?
Spingette v. Defoe
In which case was the Oxley approach used?
Stack v. Dowden
