Trusts of the family home

Question 1

Express trust formalities

Answer 1

Evidenced in writing + signed

Question 2

Resulting trust presumed if:

Answer 2

• contribution made to purchase price at time of purchase
  Mortgage payments irrelevant if not in C’s name!

Question 3

Common intention constructive trust if home jointly owned

Answer 3

Presumed beneficial interest held in equal shares
To get larger interest, must show:
- there was common intention as to this, and
- C relied on this to his detriment
If so, court considers “whole course of dealing” to decide on shares

Question 4

Common intention constructive trust if home solely owned

Answer 4

No presumption of shared beneficial interest
C must:
- establish trust (common intention + detriment),
- quantify beneficial interests (court decides based on what’s fair)

Question 5

2 stages of proprietary estoppel

Answer 5

1. establishing the claim:
   - assurance,
   - detriment,
   - reliance
2. remedies (discretionary)