ONLINE LECTURE OUTLINE – SEMINAR 5
JOINT LEGAL OWNERS
PART A: JOINT LEGAL OWNERS IN THE FAMILY HOME
Gissing v Gissing [1971] AC 866:
o Common intention constructive trust case
o Involved a married couple
o Husband fought in WW2 and upon demobilisation he obtained
a job because of his wife’s help at the printers where she
worked & he was sufcientlt remunerated so that he could
aford to but a house
o Bought a house together – sole legal ownership case (husband
had the legal title)
o Wife contributed to some fnancials – bought her clothes,
bought her son’s clothes and paid for some furniture and for
the lawn to be turfed
o Question for the court was – could tou infer some form of
agreement between the couple wherebt the wife had come to
a position where she had a benefcial interest?
Was her activitt sufcient to show that she had acted to
her detriment on the reliance that her husband would
respect that activitt and give her a stake in the house
and she would therefore have a benefcial interest?
o At First Instance (Mr Justice Bucklet) – NO; the wife’s activitt
was insufcient (no agreement that was express or that one
could infer from their relationship)
o Court of Appeal (Lord Denning) – wife had a benefcial interest
This case came about just before Eves v Eves so it is
probablt to be expected that Denning would have
operated in this wat
o House of Lords (most expansive judgment Lord Diplock)
Outlines the idea that a common intention constructive
trust is something that can give an interest to a spouse
in the joint matrimonial home, other than using statutes
that have been provided for married couples
The couple’s activities were not sufcient to infer a
common intention constructive trust so as to be able to
give Violet (wife) a benefcial interest
First Instance decision is reinstated
Cooke v Head [1972] 1 WLR 518:
o One of the frst instances from the Court of Appeal of the new
model constructive trust
o Sole legal owner case – Dennis Head
Non-legal owner – Jacqueline Cooke (Head’s mistress)
1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller chloeamies. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.49. You're not tied to anything after your purchase.
