[2004] EWCA Civ 546, 6 May 2004. Unmarried couple, appellant (H) and respondent (O), purchased a house in the sole name of H with the assistance of funds raised by H which was sold subsequent to the couple parting. O sought a declaration that the proceeds of the sale were held by H on trust for them both in equal shares, which the judge concurred with. On appeal, H contended that the judge should have applied the presumption that the property had been held on resulting trust for the persons who provided the purchase money in the proportions that they provided and no discussions at the time of purchase as to intended shares could displace it. "Held": appeal allowed. If there had been express discussions at the time of purchase sufficient to establish common intention that both parties would share beneficial interest, the court would be entitled to answer the question of the intended extent of the beneficial interest by inference from the parties subsequent conduct. H's far greater direct contribution to the purchase price had not be given sufficient weight by the judge. Found that H should have 60% and O 40% of the proceeds of the sale.View judgement at www.bailii.org.