Gissing v Gissing [1971] AC 886

Written By Nicolas Heyes

Court: House of Lords

Basic Facts:

  • Parties: Wife, Husband.

  • Context: The wife made indirect contributions to the household, but no express agreement was made about her beneficial interest in the house, which was solely in the husband's name.

Issue for the Court: What indirect financial contributions can be taken into account?

Held: The court ruled that constructive trusts in the family home arise only where there is an agreement or common intention to share the property, coupled with detrimental reliance.

Lord Reid

  • Direct vs. Indirect Contributions: Direct financial contributions usually lead to beneficial interests. Indirect contributions without an express agreement do not automatically confer beneficial interests.

Lord Diplock

  • Common Intention: Without an initial contribution or express agreement, the court does not infer a beneficial interest solely based on indirect contributions.

Nicolas Heyes
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