REQUIRED READING:

*** Barr, W. & Picton, J. Pearce & Stevens' Trusts and Equitable Obligations(Oxford, 8th edn, 2022) chapters 11, 12, 13, 14 & 15 (pages 267-350).

***Beresford, S. 'It's not me, it's you: law's performance anxiety over gender identity and cohabitation' (2012) 62 Northern Ireland Legal Quarterly 187 (download from Canvas main page and read highlighted text).

RECOMMENDED READING:

*Bendall, C. 'A Break Away from the (Hetero) norm?: Lawrence v Gallagher [2012] 1 FCR 557; [2012] EWCA Civ 394' (2013) 21 Feminist Legal Studies 303.

* Probert, R. 'Equality in the Family Home' (2007) 15 Feminist Legal Studies 353

** Lloyds Bank v. Rosset[1991] 1 AC 107 Lloyds Bank v. Rosset[1991] 1 AC 107(In addition to reading the case, you may wish to watch the optional 'equity short' video on this authority:https://youtu.be/vjMx1TwpPsI

* Stack v. Dowden [2007] UKHL 17

* Jones v. Kernott[2011] UKSC 53

1. Applying implied trusts to disputes over the family home

In January 2006 a house worth 200,000 was bought in the name of Bette as the family home for Bette and Ham, who were cohabiting at the time. Ham paid the deposit of 10,000, Bette paid 100,000 from her savings and the remainder was provided by a mortgage loan of 90,000. Bette paid all the mortgage repayments directly, while Ham paid all other outgoing household expenses from his earnings. Hamalso used his skills as an artist to paint the ceilings in each of the rooms, which, it was estimated, added a further 5,000 to the market value of the house. They never discussed their respective shares in the property.

Recently, Bette and Ham had a heated argument, and Bette moved out of the house to stay with her mother. Ham changed the locks on the front door. Bette now wants to sell the house. Ham says that he always presumed that the house belonged to them both jointly.

Advise Ham.

2. The Flexible Role of Proprietary Estoppel

The only meaningful criticisms of the current legal position in trusts of the family home lie in the failure of the judges to take non-monetary contributions into account when determining the availability or nature of an interest. These concerns are increasingly being met by the intervention and growth of estoppel claims, which bring a welcome flexibility to the law, albeit at the expense of clarity.'

Critically analyse the role of proprietary estoppel in the acquisition of an interest by the non-legal owner of the family home in the light of the above statement.

3. Gender performativity and property rights

Read Beresford, S. 'It's not me, it's you: law's performance anxiety over gender identity and cohabitation' (2012) 62 Northern Ireland Legal Quarterly 187 (download from Canvas main page and read highlighted text).

From Sarah Beresford's perspective, which types of performativity does the law prioritise in the process of dividing interests in the family home?

4. Putting the pieces together; Estoppel and implied trusts

In 2007, Ingrid, her partner, Vincent, and her father, Boris, decided to buy 'Mockingbird Heights' as a home for the family. Ingrid and Vincent paid equal shares of the 50,000 deposit. The remaining 150,000 of the purchase price was provided by a loan, which was only obtained after Boris was joined as a party to the loan by Ingrid and Vincent. In consequence, Ingrid assured Boris that he would always be welcome to live in the family home.

Vincent wanted to be put on the legal title, but was told by Ingrid that it would increase his liability to tax, so title was registered in the name of Ingrid solely. Subsequently, Vincent used his income to pay the housekeeping and other outgoings on the property to allow Ingrid to make the loan repayments, and Boris did the housework and tended the garden while Ingrid and Vincent were at work.

Ingrid has recently moved out of 'Mockingbird Heights' to live with her new lover, Cushing, and has written to Vincent and Boris asking them to leave, as she wants to sell the property.

Advise Vincent and Boris as to their interests, if any, in 'Mockingbird Heights'.

5.Quantification of the beneficial interest

'The quantification of rights under a trust is now possible on ground of what is fair between

the parties, no matter how the interest has in fact been acquired, although Lady Hale in Stack v Dowden (2007) has clothed 'fairness' in 'a series of factors.'

Critically analyse the above statement in relation to the quantification of an interest in the family home.