ABSTRACT
Trusts of the family home: • used as ways of dealing with implied co-ownership • judges have confused implied, resulting, and constructive trusts – now re-classifi ed
in Drake v Whipp • resulting based on implied co-owner’s contribution (Bull v Bull) • constructive based on evidence of legal owner’s intention to share and actual
detriment suffered by implied co-owner (Eves v Eves) • but constructive cannot be based on work alone (Lloyds Bank v Rosset) • in many cases in 1970s CA used ‘new model’ constructive trust based on what was
just and equitable (Gissing v Gissing); but HL took different view.
