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Words: | Submitted: Mon Jun 19 2006
... able to fit into the requirements of both a resulting and constructive trust. By contributing to the purchase price of 'Old House', Augusta can claim an equitable interest in Wilson's property, despite her name not being registered alongside his. This resulting trust arises from the 'common intention' of Wilson and Augusta that she should have an interest in the property through part provision of the purchase price.4 This is further re-inforced as the contribution was made for acquisition not repairing of property,5 and as they moved into the property together on 2nd February 1996, there was a common intention for joint ownership.6 Augusta's financial contribution were not simply used in running of the household,7 but actually enabled Wilson to purchase the property, giving rise to her direct interest in the property. Consequently, despite Augusta having contributed less to the purchase price, the conduct of the two persons and their true ...
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