Abbott v Abbott [2007] UKPC 53

Written By Nicolas Heyes

Court: Privy Council

Basic Facts : A married couple, with the wife contributing significantly to the mortgage and family expenses, disagreed on the division of property upon separation. Only the husband's name was on the title deed.

Issue: Determining the beneficial interest in property when only one party is on the title.

Held: The Privy Council held that in matrimonial property disputes, the common intention of the parties, inferred from their conduct, could create constructive trusts, altering the shares of ownership.

  • (Baroness Hale):

    • Two key questions: (1) Did the parties intend to share the beneficial interest? (2) If yes, in what proportions?

    • The case was decided with no intention of both parties sharing the land, focusing on direct contributions to the mortgage.

    • Significance: The "holistic approach" considers the entire course of dealing between the parties to determine their intentions.

Nicolas Heyes
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