Burns v Burns [1983] EWCA Civ 4 (26 July 1983)

Burns v Burns [1983] EWCA Civ 4 (26 July 1983)

The plaintiff made no direct or substantial indirect financial contribution to the acquisition of the house, nor was there any express or implied agreement or common intention that she should have a beneficial interest. Domestic contributions and purchase of household goods, without more, do not suffice to establish a resulting or constructive trust. The law does not permit the court to impute a deemed intention to share property in these circumstances. The appeal is dismissed.

Citation
[1983] EWCA Civ 4
Parties
Plaintiff/appellant: Mrs. Burns; Defendant/respondent: Mr. Burns
Jurisdiction
England and Wales
Judgment Date
26 July 1983
Procedural Posture
Civil Appeal / Appeal From Decision of Dillon J. in the High Court
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Resulting Trusts, Beneficial Interest in Property, Cohabitation Rights, Common Intention, Unmarried Couples and Property
Property Law Equity and Trusts Family Law Constructive Trusts Resulting Trusts Beneficial Interest in Property Cohabitation Rights Common Intention +1 more

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Parties

Mrs. Burns

Plaintiff/appellant

Mr. Burns

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Decision of Dillon J. in the High Court

Legal Issues

  1. 1 Whether a woman who cohabited with a man for 17 years without marriage and made indirect contributions to the household is entitled to a beneficial interest in the house solely owned by the man.
  2. 2 Whether domestic contributions and purchase of household items by the plaintiff can give rise to a resulting or constructive trust in her favour.

Ratio Decidendi

The plaintiff made no direct or substantial indirect financial contribution to the acquisition of the house, nor was there any express or implied agreement or common intention that she should have a beneficial interest. Domestic contributions and purchase of household goods, without more, do not suffice to establish a resulting or constructive trust. The law does not permit the court to impute a deemed intention to share property in these circumstances. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No beneficial interest in the property is declared in favour of the plaintiff.
  • No order altering the legal or beneficial ownership of the house.