Chapter 5 Self-test questions

. The property rights of former cohabitants are determined by the principles of property law rather than family law upon relationship breakdown

True

False

. Which of the following statements best describes the position if, under the law of equity, the family home of former cohabitants is deemed to be held in trust?

The legal owner of the property has the right to dispose of the property as they wish

The legal owner of the property must act in the interests of both beneficiaries of the trust (i.e. the legal owner and their former partner)

Both cohabitants have an equal share in the family home

The family home must be sold immediately and the proceeds divided between the former cohabitants

. What type of trust would the family home be held under if the cohabitants explicitly agreed and recorded their beneficial interest in the property?

Implied trust

Constructive trust

Express trust

None of the above

. Which of the following are requirements for the establishment of a common-intention constructive trust over the family home? Please select all that apply.

The legal owner must have expressly declared that the non-legal owner has a beneficial interest in the property

The non-legal owner must have invariably made a financial contribution to the family home

The words or conduct of the legal owner must be such that it would be inequitable not to grant a beneficial share to the non-legal owner

The cohabitant who is the non-legal owner must have acted to their detriment, relying on the words and deeds of the legal owner

. Following Lloyds Bank v Rosset, in order to gain a beneficial interest under a common intention constructive trust in the family home that is solely owned by one of the cohabitants, the other cohabitant invariably must have made a financial contribution.

True

False

. Stack v Dowden and Jones v Kernott overruled Lloyds Bank v Rosset in that it is no longer necessary for there to be an express written agreement or financial contribution to acquire a beneficial interest in sole ownership cases - this can be imputed from the conduct of the parties.

True

False

. Following Stack v Dowden and Jones v Kernott the approach taken to the quantification of a beneficial interest is the same regardless of whether it is a sole or joint ownership case.

True

False

. According to Baroness Hale in Stack v Dowden what is the overall task of the court in determining the beneficial shares of former cohabitants in the family home in joint ownership cases?

To ascertain the beneficial share solely with reference to the financial contribution each party made

To impute the court's view of fairness

To divide the family home equally between the former cohabitants

To ascertain the parties' common intentions regarding their shares in the property, based on the whole course of conduct in relation to the property

. Which of these statements best apply to acquiring an interest in the family home by proprietary estoppel?

There are no difference between proprietary estoppel and common intention constructive trusts

Proprietary estoppel is simply a means of the court arbitrarily deciding what it thinks is fair in a given situation

Proprietary estoppel requires in all cases that the family home is divided in equal shares

A claimant would need to demonstrate some sort of assurance or reliance that would make it unconscionable to deny a remedy

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