ABSTRACT
This chapter considers the ways in which the English and Welsh courts recognise who has property rights in their homes based on their relationships and their behaviour. In consequence, it is modelled on the joint judgment of Lady Hale and Lord Walker. The chapter also considers every sort of cohabiting relationship except married couples who are divorcing: the law on divorce is governed by statute. It explores the case law on common intention through chronologically not least because that allows a sense of the developing mores in our society and in the courts to become clear as time progresses. Land law is concerned with dealings with land; contract law is concerned with commerce; and criminal law is concerned with wrongs. The traditional resulting trust provides that a person who contributes to the purchase price of property is entitled to receive a proportionate share of the equitable interest in that property, provided that was the parties' intention.
