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Analysis of Equity and Trust Law - Case Study Example

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"Analysis of Equity and Trust Law Case" gives advice for Marcus and David of the rights in respect of the property and any financial provision that Marcus should make to David for the contributions he has made to the property it is necessary to look at the law surrounding cohabiting couples…
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Analysis of Equity and Trust Law Case
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Download file to see previous pages Firstly, looking at the rules governing cohabitation with regards to the entitlement of the parties to the share of the property legislation looks towards contributions made towards the purchase price of the property or contributions towards repairs or the upkeep of the property. When considering contributions to the repairs and upkeep consideration is given not only to financial contributions but also to contributions in terms of work carried out by the parties. In this way, a partner who has assisted in reconstruction work on the property might be able to secure an interest in it despite the fact that they have made no monetary contribution to the property.

The first thing to consider is whether the actions of the party have created a resulting trust. If David had made a contribution to the purchase price the court may find that a resulting trust has been created1. A resulting trust can be inferred where one of the parties has provided money towards the purchase price, which is then only registered in the name of one of the parties2. The courts are free to make the presumption that the legal owner is holding the property on trust for the other party in shares according to their contribution3. As David did not contribute directly to the purchase price it may be difficult for the court to find that a resulting trust could be inferred. If there is evidence to show that the plaintiff has contributed towards the purchase price of the property but not had her name entered onto the register a resulting trust can be implied which would give her rights as an owner of the property4.

With unmarried couples, the courts can infer joint ownership on the principle of an implied5 or a constructive trust6. An implied trust might occur where the court can infer from the actions of the parties that the person in whose name the property is registered in intended to give his partner a beneficial interest in the property7. A constructive trust could be inferred where the actions of the party not entered on the register suggest that they expected to have an interest in the property.  ...Download file to see next pagesRead More
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