... Lloyd's Bank v. Rosset2 removed all doubt and conflict produced by earlier authorities as to when and how one could acquire a beneficial interest in the matrimonial home.3 However, the case is leveled with criticism. Lord Bridge distinguishes between two completely different types of cases: First Category - the establishment of a constructive trust can be demonstrated by the existence of a common intention between the parties that the ownership of the land was to be shared. Furthermore, the intention to be established is not merely an intention to share occupation of the property, but an intention to share beneficial entitlement. Trying to understand the reasoning behind Lord Bridge's requirement for 'express' discussion is confusing. Clearly he has gone beyond his intentions and narrowed the possibility of claiming an interest and added to the entrenched criticism of the 'common intention constructive trust'.4 One is left to wonder how Lord Bridge justifies this ...

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