Trusts & Equity Flashcards
Two women buy a house, contributing equally to the purchase price. The house is conveyed into the name of one alone to enable her friend to claim state benefits by concealing her assets. The women are now estranged, and the non-legal owner wishes to claim a share in the house. There is no written evidence to support her claim.
What is the likely result of the claim?
Whether it will succeed depends on whether the court finds it to be in the public interest.
If a property transfer was made as part of an illegal or fraudulent transaction, the court must decide whether it is in the public interest to allow a claim. The court would take into account all relevant factors, including the underlying purpose of the relevant law and the respective conduct of the parties. In these circumstances, the court would consider the seriousness of the fraud, the conduct of both parties, and the effect of allowing a claim.
