... vehicles of equitable trusts, along with proprietary estoppel. Hence, if the non-legal owner establishes his/her equitable interest, the property is co-owned in equity and this is binding upon the legal owner in relation to the division of rights to and in the family home4 in lieu of relationship breakdown5. Problems will not arise if there is an express trust made by the legal owner. In order for an express trust to be valid, it must satisfy Section 53(1) (b) Law of Property Act (LPA) 1925, whereby the declaration is 'manifested and proved by some writing'. The legal title of a family home will usually be transferred into their joint names by deed or transfer in accordance with Section 52 (1) LPA 1925. In addition, persons who are parties to the writing that establishes the trust cannot, thereafter, plead a resulting or constructive trust to establish different interest as seen in ...

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