ABSTRACT

What these dicta indicate are the following ideas. There is a presumption that where two people contribute to the purchase of property, that property is intended to be held on trust for those contributors by whoever is the common law owner of the property. So, if Xena buys a house for £200,000 with £100,000 of her own money and with £100,000 belonging to her friend Yasmin and has the house registered in her name at the Land Registry, it is presumed by courts of equity that the house is held on resulting trust by Xena as trustee for Xena and Yasmin in equal shares. That presumption can be displaced if some other intention can be proved. So, for example, if it can be proved that Yasmin was only intended to make a loan of money to Xena which Xena was to repay, then the house would not be held on resulting trust because Yasmin would not be intended to take any equitable interest in the house.