Equity: Resulting and Common Intention Constructive Trust Cases

No discussion of intention, resulting trust used.

Decorations to property does not entitle one to beneficial interest. Seen as a gift.

Wife paid considerable inheritance money to mortgage. Granted she had 50% beneficial title.

Objective intention to grant a beneficial interest in a family home can be inferred from a false excuse despite opposing subjective intent.

Mother and son were tenants in common. Could not divide shares until sold. Entitled to live concurrently and neither could kick the other out. (Couldn't sell without property due to lack of receipt for proceeds).

Common Intention Constructive Trust approach used for unwed couples.

Presumption of joint tenancy by CICT does not apply to commercial or investment properties.

If impossible to prove or infer parties intentions, court will impute what is fair according to the parties' conduct.

Where there is no evidence of express or inferred intention, court will look at conduct during whole course of dealing.

Established express and inferred intention

Bank sought possession. Entitled to 50% interest. Contributed to most bills and substantial decorations.

Excuses to not put name on title can amount to expression of intention to share interests in some circumstances.

Remortgaged house to pay off business debts, amounted to 25% of net equity in property (had 50% total)

Financial and family contributions amounted to 25% equity.