Chapter 12 Self-test questions

. In which of the following circumstances is beneficial ownership of the home not decided by the application of property law principles?

A married couple divorce or a civil partnership is dissolved.

A priority dispute between a mortgage lender granted a legal mortgage by a husband, and his wife who claims a beneficial interest in the home.

The separation of a couple who have cohabited for a number of years.

A priority dispute between a mortgage lender granted a legal mortgage by a woman, and a man she cohabits with who claims a beneficial interest in the home.

. An express declaration of trust, which specifies the parties' respective beneficial shares, precludes a claim to a resulting or constructive trust.

True

False

. Match each of the following transfers of land with the presumption that will be drawn as to beneficial ownership, in light of the decisions in Stack v Dowden and Jones v Kernott.

A house bought as a home and transferred into A's name; the purchase is funded by A and his partner B

.

A house bought as a home and transferred into A and B's joint names; the purchase is funded 75% by A and 25% by B. A and B are married.

.

A house bought as an investment property and transferred into A and B's joint names; the purchase is funded 75% by A and 25% by B. A and B are married.

. On the purchase of a home in the sole name of a wife, which of the following would not be accepted as evidence of a common intention to share beneficial ownership for the purposes of a claim to a constructive trust by her husband?

The wife tells the husband the house is not in his joint name for tax purposes.

The wife assures the husband the house is theirs equally.

Husband and wife do not discuss ownership but the husband pays half the deposit and half of the mortgage installments.

Husband and wife do not discuss ownership but the husband stays at home and raises the couple's children.

. Where a wife has established an express agreement to share beneficial ownership in a home purchased in her husband's sole name, which of the following types of conduct would not be sufficient to constitute detrimental reliance on the agreement?

The wife has paid for substantial improvements to the home.

The wife has cared for the couple's children.

The wife has paid towards the mortgage installments.

The wife has paid various household bills and, by doing so, has enabled her husband to pay the mortgage installments.

. Following Jones v Kernott, in which of the following circumstances is it permissible for the court to impute a common intention?

In a sole legal ownership case, to establish a common intention to create a trust.

In all cases where there is joint legal ownership.

In joint legal ownership cases where there is no evidence of the parties' actual (express or inferred) common intention.

In joint legal ownership cases where there is no evidence of an express agreement between the parties.

Chapter 12 Self-test questions

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