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Implied trust of the home.  

Member rating: 10 out of 10 stars (1 vote) | Words: | Submitted: Mon Jun 19 2006

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Implied trust of the home Express = need evidence in writing S.53 (1) (b) LPA 1925 Implied= no need of writing S.53 (2) LPA 1925 Resulting trusts Usually involves a contribution to the initial cost of the home and it is whole in the name of another person. Equity does not presume an outright gift but rather that the person who gave the money wanted to retain a beneficial interest in the property. Bull V Bull, mother and son bought a house and put it in the sole name of the son. When he got married his wife wanted to kick out the mother in law. The court held that they were tenants in common behind a statutory trust for sale. The share of the interest is usually the proportion in which they contributed to the value of the house Cowcher V Cowcher = Mrs. paid one third of the price of the house and later...

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