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Equitable Interest In Property
Summary
In family homes cases, courts identify a common intention through parties conduct to establish a constructive trust. Legal title can be held jointly, while equitable title may reflect different ownership shares based on contributions. In disputes, courts presume beneficial title as tenants in common, reflecting financial contributions. Establishing an equitable interest requires demonstrating a common intention or resulting trust. Courts seek consistent intentions between parties regarding property ownership.Full Conversation
Which of the statements below best summarises the test that the court will apply to establish if a claimant in a family homes case has acquired an equitable interest in land under a constructive trust?
Question 1Select one:
a.
The court must identify a common intention by analysing the parties' conduct.
b.
The court must determine if there is an express written declaration that the claimant holds an equitable interest in the land.
c.
The court must determine if the claimant is a co-owner of the legal title to the land.
The best answer to the question is:
a. The court must identify a common intention by analysing the parties' conduct.
This is because, in family homes cases, courts often look for a common intention inferred from the conduct of the parties to establish a constructive trust.
a. The court must identify a common intention by analysing the parties' conduct.
This is because, in family homes cases, courts often look for a common intention inferred from the conduct of the parties to establish a constructive trust.
Lisa and her partner Liam have recently purchased the freehold title to * Cavalry Gardens. There is a house on the land, where they both live.
Title to the land was transferred to them "jointly". Lisa contributed * per cent of the property purchase price and Liam contributed * per cent of the purchase price. Identify the statement below that best reflects the co-ownership arrangement in law and equity when they acquired the land.
Question 2Select one:
a.
Lisa and Liam own the legal title and equitable title as tenants in common.
b.
Lisa and Liam own the legal title as joint tenants and the equitable title as tenants in common.
c.
Lisa and Liam own the legal title and the equitable title as joint tenants.
Based on the information provided, the best statement that reflects Lisa and Liam's co-ownership arrangement in law and equity is:
b. Lisa and Liam own the legal title as joint tenants and the equitable title as tenants in common.
This is because, while the legal title is held jointly, their contributions to the purchase price indicate an intention to own the property in different shares in equity.
b. Lisa and Liam own the legal title as joint tenants and the equitable title as tenants in common.
This is because, while the legal title is held jointly, their contributions to the purchase price indicate an intention to own the property in different shares in equity.
Lisa and her partner Liam have recently purchased the freehold title to * Cavalry Gardens. There is a house on the land, where they both live.
Title to the land was transferred to them "jointly". Lisa contributed * per cent of the property purchase price and Liam contributed * per cent of the purchase price. Identify the statement below that best reflects the co-ownership arrangement in law and equity when they acquired the land.
Question 2Select one:
a.
Lisa and Liam own the legal title and equitable title as tenants in common.
b.
Lisa and Liam own the legal title as joint tenants and the equitable title as tenants in common.
c.
Lisa and Liam own the legal title and the equitable title as joint tenants.
Based on the information provided, the best statement that reflects Lisa and Liam's co-ownership arrangement in law and equity is:
b. Lisa and Liam own the legal title as joint tenants and the equitable title as tenants in common.
This is because, although the legal title is held jointly, their unequal contributions to the purchase price suggest an intention to own the property in different shares in equity.
b. Lisa and Liam own the legal title as joint tenants and the equitable title as tenants in common.
This is because, although the legal title is held jointly, their unequal contributions to the purchase price suggest an intention to own the property in different shares in equity.
In Lloyds Bank plc v Rosset [*] * AC *, what did Mrs Rosset need to establish if her claim was to succeed?
Question 3Select one:
a.
Mrs Rosset needed to establish that she had acquired an equitable interest under a constructive trust.
b.
Mrs Rosset needed to establish that Mr Rosset did not have an equitable interest in the property.
c.
Mrs Rosset needed to establish that she was a co-owner of the legal title.
Case Rating: *
Mrs. Rosset needed to establish that she had acquired an equitable interest under a constructive trust.
Would you like any further information on the case or related legal principles?
Mrs. Rosset needed to establish that she had acquired an equitable interest under a constructive trust.
Would you like any further information on the case or related legal principles?
isthe answer a b or c
It looks like the answer to the question you're asking is not clear. Can you specify which particular question and answer you are referring to?
In Lloyds Bank plc v Rosset [*] * AC *, what did Mrs Rosset need to establish if her claim was to succeed?
Question 3Select one:
a.
Mrs Rosset needed to establish that she had acquired an equitable interest under a constructive trust.
b.
Mrs Rosset needed to establish that Mr Rosset did not have an equitable interest in the property.
c.
Mrs Rosset needed to establish that she was a co-owner of the legal title.
Case Rating: *
Mrs. Rosset needed to establish that she had acquired an equitable interest under a constructive trust.
Would you like any further information on the case or related legal principles?
Mrs. Rosset needed to establish that she had acquired an equitable interest under a constructive trust.
Would you like any further information on the case or related legal principles?
Adam and Brian buy the legal title to a house together and live there as a couple, with Adam contributing *% of the purchase money and Adam *%. They later fall out and disagree about how much of the house they each own, and apply to the court for a ruling.
As a judge asked to decide this case, what should be your starting presumption (which could later be rebutted)?
Question 4Select one:
a.
We presume they hold the beneficial title as joint tenants.
b.
We presume they hold the beneficial title as tenants in common in the ratio *:* in favour of Adam.
c.
There is no initial presumption, as the law does not make any assumptions about the intention of the parties.
Case Rating: *
The starting presumption in this case would be:
b. We presume they hold the beneficial title as tenants in common in the ratio *:* in favour of Adam.
This presumption is based on the significant difference in their financial contributions to the purchase of the property. Would you like any further information on related legal principles?
The starting presumption in this case would be:
b. We presume they hold the beneficial title as tenants in common in the ratio *:* in favour of Adam.
This presumption is based on the significant difference in their financial contributions to the purchase of the property. Would you like any further information on related legal principles?
that answer was wring
Case Rating: *
It seems like you're dealing with multiple questions related to equitable interest in property and co-ownership arrangements. If you could clarify your specific question or the particular scenario you're referring to, I can provide more targeted information.
Could you please clarify your specific issue or the exact question you need help with?
It seems like you're dealing with multiple questions related to equitable interest in property and co-ownership arrangements. If you could clarify your specific question or the particular scenario you're referring to, I can provide more targeted information.
Could you please clarify your specific issue or the exact question you need help with?
Colin and Linda began living together in *. They lived in a house registered in Colin's sole name. They have never married. Colin paid part of the purchase price for their shared home out of his own money and has been paying the remainder of the purchase price through monthly mortgage repayments. Linda has worked part-time, which has enabled her to contribute financially to some household expenses and household items, but she has mostly looked after Colin and their children.
Their relationship has broken down and there is a dispute regarding the ownership of the property. Which of the statements below best describes the ownership situation?
Case Rating: *
Based on the information provided, the ownership situation can be described as follows:
a. Linda may have an equitable interest in the property if she can establish a common intention constructive trust or a resulting trust based on her contributions and the parties' conduct.
Would you like more information on how Linda might establish this interest?
Based on the information provided, the ownership situation can be described as follows:
a. Linda may have an equitable interest in the property if she can establish a common intention constructive trust or a resulting trust based on her contributions and the parties' conduct.
Would you like more information on how Linda might establish this interest?
Regarding constructive trusts of a family home, which of the following is the best way of describing what the court is looking to establish in all such cases?
Question 6Select one:
a.
A written declaration of trust by all the legal co-owners explaining how much of the beneficial title each party holds.
b.
A fair distribution of ownership relative to the needs of each party.
c.
A consistent intention shared between the parties about how much of the property they each own.
Case Rating: *
The best way to describe what the court is looking to establish in all constructive trust cases involving a family home is:
c. A consistent intention shared between the parties about how much of the property they each own.
This is because courts often look for a common intention inferred from the conduct and agreements between the parties to establish a constructive trust. Would you like any further information on this topic or related legal principles?
The best way to describe what the court is looking to establish in all constructive trust cases involving a family home is:
c. A consistent intention shared between the parties about how much of the property they each own.
This is because courts often look for a common intention inferred from the conduct and agreements between the parties to establish a constructive trust. Would you like any further information on this topic or related legal principles?
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