What is meant by ‘Equity follows the law’ in this context? ■ What must the non-legal owner, who claims she has a benefi cial interest in the home, prove in order to establish:

an express trust; ■ a resulting trust; ■ an express common intention constructive trust; ■ an inferred common intention constructive trust? ■ How will her benefi cial interest be quantifi ed in each of the above cases? ■ What is meant by proprietary estoppel? ■ What remedies are available under proprietary estoppel? ■ Who may rely on s 37 of the Matrimonial Proceedings & Property Act 1970? ■ What is wrong with the current law regarding trusts of the family home? ■ What recommendations for reform have been made by the Law Commission? ■

TRUSTS OF THE FAMILY HOME Where a married or unmarried couple have set up home together, events such as the breakdown of the relationship or bankruptcy of either party may give rise to a dispute over their respective interests in the family home.