Conveyance to One Party the non-owner can show interest by showing
an express trust in their favour, financial contribution, and agreement between the parties and detrimental reliance on the part of the non-owner giving rise to a constructive trust , Lloyd's Bank v. Rosset (1991) - H purchased home W did housework and repairs to renovate the property
Common Intention Constructive Trust
Must be evidence of beneficial ownership of the property , issue of ownership must be explicitly discussed but maybe not agreed upon , the evidence must be credible that both parties had an understanding between them that ownership was shared Rowe v Prance (1999) - Yacht in the name of D and C claimed half of it because the D referred to it very often as 'our' yacht.
Can an agreement be inferred? Direct and Indirect Contributions
Direct Mortgage instalments and indirect is monetary contributions to the house up keep, Direct allows for the assumption of detrimental reliance and indirect alone w/o discussion will be insufficient
No distinction made in rules between married / unmarried partners sometimes needed to show the nature and degree of commitment (Bernard v Josephs(1982))
Joint Legal Owners
In the absence of fraud the deed shows beneficial ownership for both parties so it will be considered that they are both joint beneficial owners Stack v Dowden Ms paid for the most of the property held joint beneficially although not expressly stated in the deed there decision was Baroness stated that it made no difference that they kept their finances so separate they had to be able to presume common intention.
Where the property is in the name of one party only
James v Thomas (2007) - Legal owner benefits but if there can be shown an interest on the part of the non-owner it is shared