ABSTRACT

The typical scenario involves a home being bought in one of the parties’ sole names following which, at some later point, the parties’ relationship breaks down. At that stage, to claim a beneficial share in the property, the non-owning party of the legal estate must rely on equity to intervene: their claim is based on the argument that their partner held the legal estate on trust for the two of them together. The non-owning party’s position may be summed up in Figure 14.1.