Hameed v Qayyum & Anor

Hameed v Qayyum & Anor

The beneficial interest in the property was originally held solely by Mrs Qayyum by virtue of the 1991 trust deed, but the 2004 oral agreement, acted upon and giving rise to a constructive trust, altered the beneficial interests to 50/50 between Mr and Mrs Qayyum. The charging orders are effective against Mr Qayyum's 50% share. Mrs Qayyum's claim for a greater share based on improvements fails as the relevant expenditure was not substantial after the change in beneficial interests.

Parties
Claimant: A. Hameed; First Defendant: M. Qayyum; Second Defendant: A. Qayyum
Jurisdiction
England and Wales
Judgment Date
25 July 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Beneficial Ownership, Constructive Trust, Charging Orders, Matrimonial Proceedings and Property Act 1970, Stamp Act 1891, Law of Property Act 1925
Property Law Trusts Matrimonial Property Beneficial Ownership Constructive Trust Charging Orders Matrimonial Proceedings and Property Act 1970 Stamp Act 1891 +1 more

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Parties

A. Hameed

Claimant

M. Qayyum

First Defendant

A. Qayyum

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the beneficial interest in the property is held 50/50 between Mr and Mrs Qayyum or solely by Mrs Qayyum
  2. 2 Whether the 2004 oral agreement altered the beneficial interests
  3. 3 Whether the charging orders are effective against the property

Ratio Decidendi

The beneficial interest in the property was originally held solely by Mrs Qayyum by virtue of the 1991 trust deed, but the 2004 oral agreement, acted upon and giving rise to a constructive trust, altered the beneficial interests to 50/50 between Mr and Mrs Qayyum. The charging orders are effective against Mr Qayyum's 50% share. Mrs Qayyum's claim for a greater share based on improvements fails as the relevant expenditure was not substantial after the change in beneficial interests.

Court Disposition

Claim allowed

Orders

  • Declaration that the beneficial interest in the property is held 50/50 between Mr and Mrs Qayyum
  • Charging orders to be enforced against Mr Qayyum's 50% share