Lloyds Bank v Rosset [1991] 1 AC 107
House of Lords
Basic Facts: C sought a beneficial interest in the matrimonial home, which was solely owned by H. C had contributed to renovations but not to the purchase price.
Issue for the Court: What are the two forms of common intention constructive trusts?
Held: The court concluded that common intention constructive trust arises from express agreement and direct contributions.
Lord Bridge identified two forms of common intention constructive trusts:
Express Agreement: If there was an agreement before the property acquisition that it would be shared beneficially, and the party relied on it to their detriment, a constructive trust arises.
Implied Agreement: Where there’s no express agreement, the court infers from conduct and contributions whether there was a common intention to share the property beneficially.