Trusts of Family Home

Question 1

If legal title to property is held in the sole name of one party, the non-owning party can attempt to establish what?

Answer 1

That the legal owner holds the property on trust for both parties

Question 2

If the property transfer form states that the legal owners are to hold the property as beneficial joint tenants, the beneficial interest is held in ______ __________ shares and will be divided equally on ____ of the property.

Answer 2

equal undivided, sale

Question 3

If legal title is registered in both parties’ names, they hold the title as …?

Answer 3

joint tenants

Question 4

If Ps executed a __________ __ _____ when they purchased property, its terms will be _________ as to their interests

Answer 4

declaration of trust, conclusive

Question 5

What will be presumed if legal title is registered in both parties name, but there’s no express declaration of trust?

Answer 5

That the equitable interests in the property are joint and equal (i.e. “equity follows the law”)

Question 6

Can a party rebut the presumption of equity following the law in terms of their beneficial interest? If so, when?

Answer 6

Yes - if they prove both parties intended otherwise

Question 7

When looking at establishing who holds what interest in legal title, what will the courts look at?

Answer 7

The entire course of conduct between Ps in relation to the property

Question 8

Give any 5 examples of things the court will look when at assessing the entire course of conduct between Parties.

Answer 8

1. Children
2. Arrangement of finances
3. Payment of bills and other outgoings
4. Authorisation of one party to give valid receipt
5. Purpose for which the property was purchased

Question 9

If there is a single legal owner of a property, a __________ __ ______ will control if it’s in _______ and _____ by the legal owner

Answer 9

declaration of trust, writing, signed

Question 10

What two things must be established for proprietary estoppel to negate an express declaration of trust for a single owner?

Answer 10

1. Owner gave C an assurance
2. C relied on this assurance to their detriment

Question 11

What are four requirements C must establish to impose a common intention constructive trust?

Answer 11

1. Ps had an express or inferred common intention for C to have an equitable interest
2. C relied to their detriment on this intention
3. Actual discussions lead to this belief
4. Intention relates to the ownership of the land

Question 12

What are two things that may lead a court to infer common intention?

Answer 12

1. Direct contribution to purchase price
2. Payment of household expenses