Husband bought house.
Wife spent considerable time supervising builders and
When bank took possession proceedings, she claimed
Unanimous House of Lords enunciated basic principles
for such cases:
First question: Was there an agreement or
understanding that the property was to be shared beneficially?
This requires evidence of express discussions.
If finding of such evidence is found, it is only
necessary for claimant to show they acted to their detriment, or significantly
altered their position in reliance on the agreement, in order to give rise to a
constructive trust or proprietary estoppel.
If no finding of such evidence is found, court can
infer common intention to share the property beneficially from the conduct of the parties.
But this probably requires evidence of contribution to
‘Husbandly’ activities such as odd-jobs and ‘wifely’
activities such as cleaning are insufficient
So wife had no beneficial interest in this case.