Chapter 9 Scenario questions

. Clifford and Barnabas bought a house together 5 years ago. They are close friends, but bought the house primarily as an investment, as neither of them could afford to purchase alone. They intend on using any profits to provide for the deposits to their own homes. The house is registered in Barnabas' name only, and there was no express declaration of trust. Clifford contributed 45% to the deposit, and also contributed to half of the mortgage payments (the mortgage is in Barnabas' name only), the household expenses, and also did most of the housework. Which form of contribution will be relevant to Clifford establishing a resulting trust over the house?

. Tatiana contributed to her niece's first home 4 years ago. She contributed 40% of the deposit, is a party to the mortgage (although she does not contribute towards the mortgage) and contributes towards the council tax. Her niece, Amal, and Tatiana have recently fallen out, however, and Tatiana wants her moneys back through an interest in the house via a resulting trust. Amal, however, has a letter from Tatiana that states "it's a pleasure to give you the money you need to buy your home – it's the greatest gift I could give you". Will Tatiana be able to acquire an interest in Amal's house via a resulting trust?

. Arjun is the legal owner of a flat in Tewkesbury. He bought the flat by himself, and then asked his girlfriend, Florencia, to move in with him. 3 years after moving in together, Arjun stated that "this house is your forever home". 4 years after moving in, Arjun made a further statement that "this house is really now 50% yours, as you have contributed so much to the mortgage and extension." Last month it was established that Arjun has been having an affair, and wants Florencia to move out. Will Florencia be able to claim a common intention constructive trust over the house?

. After receiving your initial advice, Florencia has responded with extra information. She has confirmed that whilst she did contribute to the mortgage, she only contributed 25%. This was because after having the couple's second child, it was agreed between them that she would only work part-time and would also look after the children. She also confirmed that whilst she was looking after the children, she also redecorated the kitchen and downstairs toilet. Will Florencia be deemed to have suffered sufficient detriment to claim a common intention constructive trust?

. Florencia has asked for one final piece of advice, given the previous advice that she meets the requirements for an express common intention constructive trust. She asks for advice on what factors the court will take into account when determining the relevant share she might acquire. Which of the following factors will the court take into account? Select all that apply

Back to top