ABSTRACT

Many disputes centre on the home. In examination questions this is often owned by one party yet the other party claims to be entitled to a share. In this situation, mention should be made of the legal interests and then the case should be examined to see if there is any valid declaration of a trust which would give a beneficial entitlement. Usually, however, there will be none, and it will be necessary to see if there is an implied, resulting or constructive trust.