Trust 9 - Family Home - Sole legal owner

Question 1

Sole legal ownership - What is the starting point for sole legal ownership

Answer 1

equity follows law, so only one party owns the property.

Question 2

Sole legal ownership - Words that indicate common intention for ownership:

Answer 2

Half yours
50:50

Question 3

Sole legal ownership - How would you establish an interest in a sole legal ownership property?

Answer 3

• common intention
• relied on it to detriment

Question 4

Sole legal ownership - Words that don’t indicate common intention for ownership (just shared occupation):

Answer 4

Family home
Benefit… both of us
You’ll be looked after

Question 5

Sole legal ownership - How else can common intention be evidenced?

Answer 5

excuses as to why partner may not be jointly registered.

However, inferences shouldn’t be drawn too readily and not inferred where legal owner made excuse to avoid an argument

Question 6

Sole legal ownership - When has inference of common intention been declined?

Answer 6

• Individual caring for her family
• Woman gave up career or worked without pay
• Despite woman making very substantial improvements to property and gave up job to work for man’s business so he could make payments

Question 7

Sole legal ownership - When has inference of common intention been accepted?

Answer 7

• substantial cash and time in converting a barn

Question 8

Sole legal ownership - What is the test for detrimental reliance?

Answer 8

Conduct inexplicable

Question 9

Sole legal ownership - What are examples of sufficient detrimental reliance?

Answer 9

• Heavy DIY
• Renovations
• Payment of substantial expenses

(Inexplicable conduct)

Question 10

Sole legal ownership - What are examples of insufficient detrimental reliance?

Answer 10

• Decorating
• Giving up work to look after children