Hameed v Qayyum & Anor [2008] EWHC 2274 (Ch) (25 July 2008)

Hameed v Qayyum & Anor [2008] EWHC 2274 (Ch) (25 July 2008)

The 1991 deed of trust made Mrs Qayyum sole beneficial owner, but a 2004 oral agreement, acted upon by both parties, created a constructive trust so that from September 2004 the property was held for Mr and Mrs Qayyum in equal 50/50 shares. The mortgage liability to Nationwide falls solely on Mrs Qayyum's share. Mrs Qayyum's claim for an increased share under s.37 Matrimonial Proceedings and Property Act 1970 fails as no substantial improvements were made after September 2004.

Citation
[2008] EWHC 2274 (Ch)
Parties
Claimant: A. Hameed; First Defendant: M. Qayyum; Second Defendant: A. Qayyum
Jurisdiction
England and Wales
Judgment Date
25 July 2008
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial
Outcome
Claimant succeeds. Declaration that Mr and Mrs Qayyum each hold a 50% beneficial interest in the property, subject to the mortgage liability falling on Mrs Qayyum's share.
Legal Topics
Beneficial Ownership, Declarations of Trust, Constructive Trusts, Charging Orders, Matrimonial Proceedings and Property Act 1970 S.37, Law of Property Act 1925 S.53, Mortgage Liability Apportionment
Property Law Trusts Law Family Law Beneficial Ownership Declarations of Trust Constructive Trusts Charging Orders Matrimonial Proceedings and Property Act 1970 S.37 +2 more

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Parties

A. Hameed

Claimant

M. Qayyum

First Defendant

A. Qayyum

Second Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Mrs Qayyum is sole beneficial owner or whether beneficial interest is held 50/50 with Mr Qayyum
  2. 2 Effect and admissibility of 1991 deed of trust
  3. 3 Effect of 2004 oral agreement on beneficial interests

Ratio Decidendi

The 1991 deed of trust made Mrs Qayyum sole beneficial owner, but a 2004 oral agreement, acted upon by both parties, created a constructive trust so that from September 2004 the property was held for Mr and Mrs Qayyum in equal 50/50 shares. The mortgage liability to Nationwide falls solely on Mrs Qayyum's share. Mrs Qayyum's claim for an increased share under s.37 Matrimonial Proceedings and Property Act 1970 fails as no substantial improvements were made after September 2004.

Court Disposition

Claimant succeeds. Declaration that Mr and Mrs Qayyum each hold a 50% beneficial interest in the property, subject to the mortgage liability falling on Mrs Qayyum's share.

Orders

  • Declaration of 50/50 beneficial ownership between Mr and Mrs Qayyum
  • Mortgage liability to Nationwide to be borne by Mrs Qayyum's share