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Equity and Trusts > The Family Home > Flashcards

The Family Home Flashcards

1
Q

What is the leading common law relating to the trusts in the family home?

A

Stack v Dowden
Jones v Kernott
Lloyds v Rosset

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2
Q

What is the legislation relevant to trusts of the family home?

A

Matrimonial Causes Act 1973
Marriage (Same Sex Couples) Act 2013
Civil Partnerships Act 2004

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3
Q

What does the Matrimonial Causes Act 1973 allow the courts to do in relation to the property on the dissolution of the relationship?

A

Gives the court discretion to order the distribution of the spouses’ property and provide for the welfare of the children

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4
Q

How are property rights dealt with when the couple are unmarried on relationship breakdown?

A

The court has to establish their existing property rights and has no power to change them.

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5
Q

Can the court change unmarried property rights when children are involved?

A

No, the court are given very limited powers

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6
Q

How could a couple simply establish their existing property rights?

A

Make a written declaration of trust which defines their beneficial interests.

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7
Q

What was said in Pettit v Pettit regarding a declaration of trust?

A

The document should define the legal and beneficial title to the property “for all time” in the absence of fraud or mistake.

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8
Q

What was the case of Pankhania v Chandegra?

A

House bought by family for C and her husband. The house was put in joint names C and her nephew (P). They were joint tenants in common equal shares. P did not pay for the house or live there. There was no declaration of trust so it is assumed that the beneficial interest will be split equally according to the legal title.

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9
Q

What is a declaration of trust?

A

A written document that defines the beneficial interest into a property.

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10
Q

What are the three ways a beneficial interest can be established if there has been no written declaration?

A
  1. Resulting Trust
  2. Constructive Trust
  3. Proprietary Estoppel
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11
Q

What is a resulting trust?

A

Parties have a beneficial interests in proportion to their financial contribution

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12
Q

What were the facts in Pettit v Pettit?

A

Mrs P held the legal estate however Mr P did improvements to the house. Both spouses contributed to the acquisition of the property regardless of whether it was in joint or sole names they had intended to be joint beneficial owners.

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13
Q

What is the case of Gissing v Gissing?

A

Where a trustee has conducted himself in such a way that it would be inequitable to deny the beneficiary an interest in land.

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14
Q

Why would a constructive trust be used over a resulting trust?

A

It can look at indirect and non-contributions to help decide the size of the share.

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15
Q

What is proprietary estoppel?

A

Defendant has made a representation to the claimant that they have a beneficial interest in the land. The claimant has relied on that representation and acted to their detriment.

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16
Q

What are the three elements to proprietary estoppel?

A

Representation
Reliance
Detriment

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17
Q

What happened in the case of Pascoe v Turner?

A

He made a representation “the house is yours and everything in it” and she spends £230. She was granted the whole house as it was said staying for her life would not protect her.

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18
Q

Why is the case of Lloyds v Rosset so important?

A

Created a new way to acquire a beneficial interest in a property by combining a the three ways.

19
Q

When would Lloyds v Rosset be used?

A

In sole name cases

20
Q

What are the two types of Common Intention Constructive Trusts?

A
  1. Oral agreement + detrimental reliance

2. Direct financial contribution

21
Q

What was established in the case of Eves v Eves?

A

Stuart told Janet her name would be on title deeds, but she was not 21. This was a lie however there was an understanding and arrangement so qualified. A lie can be an oral agreement.

22
Q

What was established in the case of Grant v Edwards?

A

House in the name of E and his brother. Told G that he was waiting for her divorce then he would put her on the title. He had orally declared their common intention.

23
Q

What happened in the case of Hammond v Mitchell?

A

Legal estate in H’s name. H said to M that when they are married it will be half hers anyway. The tenderest of exchanges can have unforeseen significance many years later.

24
Q

What happened in the case of Thomas v Fuller-Brown?

A

If there is no oral agreement, simply acting to ones detriment is not enough. F did work in T’s house however there was no oral agreement saying they would share half the beneficial interest.

25
Q

What did Eves v Eves identify as detrimental reliance?

A

Physical work on the house

Janet - heavy physical work on house

26
Q

What did Hammond v Mitchell identify as detrimental reliance?

A

Risking your share in the house was sufficient

27
Q

What did Ungurian v Lesnoff identify as detrimental reliance?

A

Leaving their home country.

L gave up her flat and moved from Poland to London after U promised her a house for life.

28
Q

What was established regarding detrimental reliance in Burns v Burns?

A

Childcare and housekeeping is not detrimental reliance

29
Q

What was established regarding detrimental reliance in Lloyds v Rosset?

A

Minor work on the house is not detrimental reliance

30
Q

What was said about the second Common Intention Constructive Trust in Lloyds v Rosset?

A

It is “extremely doubtful whether anything less will do”. There is no need to prove existence of an oral agreement

31
Q

What was established in the case of Midland Bank v Cooke?

A

He bought the house with his savings and he paid the mortgage. She contributed half the money they got as a wedding present. She held a beneficial interest.

32
Q

What was established in the case of Grant v Edwards?

A

If an oral agreement os lacking, it is debatable whether indirect financial contributions are enough to secure a beneficial interest

33
Q

What is a criticism of Lloyds v Rosset?

A

Substantial indirect / non-financial contribution is not acceptable unless there is an oral agreement.

34
Q

What is the leading authority for joint name cases when acquiring a beneficial interest?

A

Stack v Dowden

35
Q

What was the starting point in Stack v Dowden?

A

The beneficial interest is a mirror of the legal title. E.g. joint legal title = joint beneficial interest

36
Q

Who is the onus of proof on for joint name cases?

A

The joint legal owner who disputes this

37
Q

How will the court decide who should acquire a beneficial interest?

A

They will look at the “whole course of dealing” between the couple to see what the common intention was

38
Q

In joint name cases what are the stages?

A

The Quantification stage

39
Q

In single name cases what are the stages?

A

The Acquisition Stage

The Quantification Stage

40
Q

What is the acquisition stage?

A

Establishing whether the claimant without the legal estate have any beneficial interest at all

41
Q

What is the leading authority for the acquisition stage?

A

Lloyds v Rosset

42
Q

What is the quantification stage?

A

The court decides the size of the parties’ interests

43
Q

What are the leading authorities for the quantification stage?

A

Stack v Dowden

Jones v Kernott

44
Q

What factors did Stack v Dowden say should be taken into account?

A 
Legal advice at the time of purchase 
Discussions between the couple
Why they chose joint tenancy 
Why they bought the house 
How they paid for the house 
Separate or joint finances
Who paid household expenses 
Parties characters and personalities 
Extension or substantial improvement to the house

Equity and Trusts (4 decks)

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