Deck 14: Trusts of the Family Home

Question 1

The establishment and quantification of an interest in the family home by using the law of trusts applies nowadays only to unmarried couples.

Answer 1

True

Question 2

How much detrimental reliance is needed for the non-legally owning party to establish a constructive trust?

Answer 2

No Answer.

Question 3

Which case held that when establishing a Lloyds Bank v Rosset 'category two' trust, the non-legally owning party must establish a common intention to share the property by conduct?

Answer 3

No Answer.

Question 4

Name a case that demonstrated the courts are prepared to take a relatively wide view of contributions which may show evidence of conduct upon which this type of trust may be based.

Question 5

What was held to be a direct contribution to the purchase price in Midland Bank plc v Cooke (1995) 27 HLR 733?

Question 6

Which case seems to go against the orthodox position that only direct payments towards the purchase price of the property are sufficient to establish a common intention trust based on the parties' conduct alone?

Question 7

What did Stack v Dowden concern?

Question 8

Name a decision since Stack v Dowden and Abbott v Abbott where the court has shown no inclination to widen the types of contribution that may be used to establish a trust of Lord Bridge's second category.

Question 9

Which Court of Appeal case recognises the quantification of the second type of Rosset trust on constructive trust lines?

Question 10

In which two situations did Lord Bridge in Lloyds v Rosset (1991) 1 AC 107 state that a constructive trust could arise?

Question 11

Which section of the Law of Property Act 1925 provides that constructive trusts do not need to be evidenced in writing?

Question 12

The HL in Pettitt v Pettitt (1970) AC 777 and Gissing v Gissing (1971) AC 886 laid down a fairly broad test for recognising that a non-legal owning spouse should be entitled to an equitable interest in the property.

Question 13

A more generous result appears to have been reached for the non-legally owning spouse by Lord Denning MR in the Court of Appeal's decision in Eves v Eves (1975) 1 WLR 1338.

Question 14

Lord Bridge in Lloyds Bank v Rosset, expressly approved the earlier cases of Eves v Eves and Grant v Edwards (1986) Ch 638 as examples of where a trust would be recognised by the courts in his first category of constructive trusts.

Question 15

In order to successfully establish a Lloyds Bank v Rosset 'category one' trust, it must be based on a common intention that is shared between the parties.

Question 16

Lord Bridge in Lloyds Bank v Rosset held that only 'direct contributions' towards the purchase price of the property would be enough to establish a category 2 trust.

Question 17

Baroness Hale tried to narrow Stack v Dowden in Privy Council case of Abbott v Abbott (2007) UKPC 53.

Question 18

When an agreement and detrimental reliance leads to the creation of a constructive trust, but where the parties have not themselves quantified their shares, the court has a wide discretion how a party's share should be calculated, taking into account the parties' entire conduct.

Question 19

Chadwick LJ in Oxley v Hiscock (2005) Fam 211 stated that a party 'is entitled to that share which the court considers fair having regard to the whole course of dealings between them in relation to the property.'

Question 20

In which two circumstances did the Supreme Court in Jones v Kernot (2011) UKSC 53 state that the resulting trust approach would be appropriate for quantifying an equitable interest?