ABSTRACT
The consensus of opinion which gave rise to the presumptions of advancement and resulting trusts in transactions between husbands and wives is to be found in cases relating to the propertied class of the nineteenth century and the first quarter of the twentieth century among whom marriage settlements were common and it was unusual for the wife to contribute by her earnings to the family income. Parties may contribute to the purchase of a home for themselves, but subsequent events may give rise to a dispute as to the ownership of the property. The Court of Appeal decided that, having regard to all the circumstances, the parties’ intentions were that it made no difference to their interests in the house who incurred what expense. In a joint ownership case an intention may be imputed to the parties to reflect the consequences of adverse financial circumstances of her partner and her undertaking financial responsibility to care for the children.
