Pump Court Chambers

Victory in sole name Cohabitant Dispute

News 16th May 2016

Tara Lyons has successfully represented the Claimant in his claim for a declaration of trust that his ex-partner, the Defendant held her property on a constructive trust for their benefit in equal shares. The property had been purchased by the Defendant in her sole name and paid for using her funds, assisted by a mortgage taken out in her sole name. The parties lived there from the date it was purchased until their separation 16 years later. They had two children together who were at the time of trial 15 and 14 years old. The Defendant denied the existence of a constructive trust on the basis that she had never intended that the Claimant should acquire an interest, any contributions the Defendant made were reasonable contributions to the family expenses and nothing more, the Claimant had not carried out extensive works during the refurbishment or paid towards the works. HHJ Storey QC found that the Defendant was not a credible witness and that in the circumstances of the case there was a common intention constructive trust. The court awarded the Claimant a 50% interest in the Property and made a deferred order for sale. In addition the Claimant recovered his costs on an indemnity basis as a result of the Defendant’s unreasonable litigation conduct.

Shortlist close
Title Type CV Email

Remove All


Click here to email this list.