England and Wales Land Registry Adjudicator

Margaret Mary Bradshaw v Andrew John Wilson (Beneficial interests, trusts and restrictions : Express agreement) [2018] UKFTT 176 (PC) (16 February 2018)

The parties had been in a relationship for several years, and had a child together. The Respondent bought a property, funded by a large cash element which he provided and the balance on mortgage. The Applicant owned her own home (where they lived together with their son) but was not able to sell it before the Respondent's purchase. When she did eventually sell, she paid a lump sum of £30,000 (almost the entire equity) to the mortgagees of the Respondent's property. She said this was done pursuant to an agreement that she was entitled to an interest in his property. The Respondent denied this. It was held that she was entitled to a beneficial interest in the Respondent's property but there was insufficient evidence to determine the shares.

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