chapter  9
51 Pages

Constructive trusts II – the family home

ByMohamed Ramjohn

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 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. The starting point for ascertaining the existence of a beneficial interest in the family home is the conveyance, or the transfer, of the legal title to the property. Where the legal title to property has been conveyed in the name of one party only, and his or her partner wishes to claim a beneficial interest, claimant is required to establish existence of a common intention constructive trust.