England and Wales Land Registry Adjudicator

Ian Rand v Que Ha Tran (Beneficial interests, trusts and restrictions : Matrimonial and similar disputes) [2017] EWLandRA 2015_0243 (27 November 2017)

Neutral Citation Number [2017] UKFTT 0888 (PC). _ The parties were in a serious relationship. A property was acquired in the Applicant's name. Both parties contributed to the purchase price and the cost of substantial renovation work to the property. The relationship ended before occupation was taken by the Respondent and her children. Applicant applied for a restriction in Form A. Held: there was an express, alternatively an implied, common intention to share ownership giving rise to a constructive trust. The size of the Applicant’s share was quantified at fifty per cent by reason of an express agreement, alternatively, as a fair share having regard to the parties’ financial dealings.

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