Fowler v Barron [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 377, 23 April 2008. Considered the intentions of parties in the absence of an expressly stated agreement. The appellant (F) had shared a property with her former partner (B) which was registered in their joint names. They lived together for a number of years. B had paid the mortgage and looked after their children while F worked, spending her money mostly on herself and the children. The judge held that resulting trust applied, and the property belonged beneficially to B. F argued that the common intention constructive trust applied, since F and B had executed wills in one another's favour and it had been her understanding they intended to share the property. "Held": The previous judgment was flawed by its determination of the parties' intentions by their financial contributions rather than their conduct in relation to the property. Stack v Dowden (L138158) applied. The relevant intention was the belief understood by and communicated between the parties. Any hidden intention of B's was immaterial. The balance of contributions to the mortgage was not decisive, since it could be assumed F paid family expenses. B had failed to demonstrate intentions other than shared ownership of the property. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 143629-1001 |
[2008] EWCA Civ 377, 23 April 2008. Considered the intentions of parties in the absence of an expressly stated agreement. The appellant (F) had shared a property with her former partner (B) which was registered in their joint names. They lived together for a number of years. B had paid the mortgage and looked after their children while F worked, spending her money mostly on herself and the children. The judge held that resulting trust applied, and the property belonged beneficially to B. F argued that the common intention constructive trust applied, since F and B had executed wills in one another's favour and it had been her understanding they intended to share the property. "Held": The previous judgment was flawed by its determination of the parties' intentions by their financial contributions rather than their conduct in relation to the property. Stack v Dowden (L138158) applied. The relevant intention was the belief understood by and communicated between the parties. Any hidden intention of B's was immaterial. The balance of contributions to the mortgage was not decisive, since it could be assumed F paid family expenses. B had failed to demonstrate intentions other than shared ownership of the property. Appeal allowed.