Oxley v Hiscock [2004] EWCA Civ 546 (06 May 2004)

Oxley v Hiscock [2004] EWCA Civ 546 (06 May 2004)

Where unmarried cohabitants acquire a home in one name but both contribute, and there is evidence of a common intention to share ownership but no express agreement as to shares, the court is entitled to infer equal beneficial ownership from the whole course of dealings, not limited to financial contributions. The presumption of resulting trust is displaced by evidence of such common intention and joint enterprise.

Citation
[2004] EWCA Civ 546
Parties
Claimant/respondent: Elayne Marian Teresa Oxley; Defendant/appellant: Allan George Hiscock
Jurisdiction
England and Wales
Judgment Date
06 May 2004
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Bromley County Court
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Resulting Trusts, Proprietary Estoppel, Cohabitation and Property Rights, Beneficial Ownership, Trusts of Land and Appointment of Trustees Act 1996
Property Law Equity and Trusts Constructive Trusts Resulting Trusts Proprietary Estoppel Cohabitation and Property Rights Beneficial Ownership Trusts of Land and Appointment of Trustees Act 1996

Case Brief

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Parties

Elayne Marian Teresa Oxley

Claimant/respondent

Allan George Hiscock

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Bromley County Court

Legal Issues

  1. 1 How should the proceeds of sale of property be shared between unmarried cohabitants when the property is in one name but both contributed?
  2. 2 Does a constructive trust or resulting trust arise in favour of the non-legal owner?
  3. 3 What is the correct approach to quantifying beneficial interests in such property?

Ratio Decidendi

Where unmarried cohabitants acquire a home in one name but both contribute, and there is evidence of a common intention to share ownership but no express agreement as to shares, the court is entitled to infer equal beneficial ownership from the whole course of dealings, not limited to financial contributions. The presumption of resulting trust is displaced by evidence of such common intention and joint enterprise.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Mrs Oxley is entitled to a half share in the proceeds of sale of 35 Dickens Close
  • Mr Hiscock to pay Mrs Oxley £72,056 from the proceeds of sale