Flashcards
Untitled
Cards in this deck (10)
- 1pettit v pettitpoint of acqusition - Held - intention must be present at the point of acquisition
- 2dyer v dyerpurchase money - CB Eyer “a trust of a legal estate … results to the man who advances the purchase money
- 3burns v burnslegal fees - will be purchase money but will only give you a small percent of the house
- 4pettit v pettitdirect contributions when purchased - Direct contributions when purchased
Pettitt v Pettitt [1970] AC 777
Held- yes, clearly - 5gissing v gissingjust living one someone wont be purchase money - Gissing v Gissing [1971] AC 886
House, husband paid deposit and mortgage
Wife, paid for furnishing, maintenance, clothes for children and bills
House of Lords – Majority = no! Not referable to acquisition of
the house - 6burns v burnsmortgage payments wont be purchase money
Fox LJ stated "the mere fact that parties live together and
do the ordinary domestic tasks ... is no indication at all that they thereby intended to alter the existing property rights of either of them. - 7cowcher v cowcherrebutting the presumption of advancement it is a gift
- 8Re Eykns trusthusband to wife would be a presumption of advancement - it is a gift
- 9Re levythe case for establishing what is a presumpion of advancement.
Re Levy [1960] Ch 346
"the presumption is based on the concept that where a property is transferred to a person who the transferor has an obligation to support, it is presumed to be an advance of the interest the dependent might reasonably expect to receive on the death of the transferor." - 10tinker v tinkerillegality was used against him, it was a gift
Court of Appeal - motive of transfer, put beyond reach of
creditors, only possible if divested self of all interest, thus
presumption of advancement strengthened
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- Flashcards on Untitled, created by jenniferacossey on 04/05/2015.
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