In 2015, Katherine bought a house for £185,000 to be the family home for her and Spencer. Having paid all of the purchase price, legal title was vested in Katherine, but she repeatedly assured Spencer that she would always look after him and, whatever the legalities, he should always regard the house as his home. Spencer has paid all the household expenses and decorated the property from top to bottom. Last month, Katherine and Spencer split up.
Spencer wishes to know whether he may have any beneficial interest in the house by means of a constructive trust of common intention.
A) Spencer may not have an interest in the house, as Katherine is the legal owner and was the sole purchaser of the house.
B) Spencer may have an interest under a common intention constructive trust, on the basis that he relied to his detriment on an express common intention to share the ownership of the home.
C) Spencer will not have an interest in the property, as, in spite of any shared intentions, he has made no contribution to the purchase of the property.
D) Spencer may have an interest in the property, as there is an express common intention demonstrating that he should have an interest in the property.
Correct Answer:
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