000			01858cad a22002175a 4500
001			L143629
008			080522e20080423xxk f v 000 0 eng d
035			_a(Sirsi) u143629
041	0		_aeng
245	0	0	_aFowler v Barron _h[electronic resource]
260			_c2008
520			_a[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.
590			_aKA
650	2	4	_aGISSING V GISSING
650	2	4	_aFOWLER V BARRON
650	2	4	_aSTACK V DOWDEN
651		4	_aEngland and Wales _y1543-
690			_aResidential property _96266
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/377.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c80248 _d80248