SQE Daily.

Family home in one party's sole name: is there any beneficial interest at all?

Rhys bought a house in Bristol, England, in his sole name in 2015, funding it with his savings and a mortgage in his sole name. His partner, Amara, moved in with him in 2017. Since then she has paid for some groceries and the occasional utility bill, but she contributed nothing to the purchase price or the mortgage. They never discussed who owned the house. They have now separated and Amara claims a half share. There is no written declaration of trust.

Which of the following best describes how the court will approach Amara's claim?

Choose one answer to see the reasoning.

  1. Trusts · FLK2No. L286

    Family home in joint names: the starting point (Stack v Dowden; Jones v Kernott)

    What is the starting point for deciding how the beneficial interest in the house is shared?

  2. Trusts · FLK2No. L287

    Quantifying shares after a change of intention: the 'fair share' rule (Jones v Kernott)

    How should the court decide the parties' beneficial shares?

  3. Trusts · FLK2No. L289

    Requirements of proprietary estoppel: assurance, reliance and detriment

    Which of the following best describes Owain's position?