Midland Bank v Cooke [1995] 4 All ER 562

Court of Appeal

Basic Facts: D1 and D2 were married and lived in a house purchased with contributions from both. D2 was forced to sign another mortgage, leading to financial issues.

Issue for the Court: Is the proportion of a beneficial interest fixed solely by the contribution to the purchase price?

Held: overturned a finding of a resulting trust based on contribution.

• Waite LJ clarified that beneficial interests can be adjusted based on all contributions and conduct, not just the direct financial contribution. Courts will consider inferred agreements or contributions beyond the initial purchase.