Oxley v Hiscock

Oxley v Hiscock

In the absence of an express agreement as to the shares in which the property was to be held, but where both parties made substantial contributions and intended to share the property, the court must determine what is a fair share for each party having regard to the whole course of dealing between them in relation to the property. On the facts, a fair division is 60% to Mr Hiscock and 40% to Mrs Oxley.

Parties
Claimant/respondent: Elayne Marian Teresa Oxley; Defendant/appellant: Allan George Hiscock
Jurisdiction
England and Wales
Judgment Date
06 May 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Bromley County Court
Outcome
Appeal allowed; order of 20 May 2003 set aside; declaration made as to shares in proceeds of sale.
Legal Topics
Constructive Trusts, Resulting Trusts, Proprietary Estoppel, Beneficial Interests in Property, Cohabitation Rights
Property Law Equity Constructive Trusts Resulting Trusts Proprietary Estoppel Beneficial Interests in Property Cohabitation Rights

Case Brief

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Parties

Elayne Marian Teresa Oxley

Claimant/respondent

Allan George Hiscock

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Bromley County Court

Legal Issues

  1. 1 How should the proceeds of sale of property purchased in the sole name of one cohabitee but with contributions from both be shared when the relationship ends?
  2. 2 Does the absence of an express agreement as to shares require the court to apply resulting trust principles strictly in proportion to contributions, or may the court infer or impute a fair share based on the whole course of dealings?

Ratio Decidendi

In the absence of an express agreement as to the shares in which the property was to be held, but where both parties made substantial contributions and intended to share the property, the court must determine what is a fair share for each party having regard to the whole course of dealing between them in relation to the property. On the facts, a fair division is 60% to Mr Hiscock and 40% to Mrs Oxley.

Court Disposition

Appeal allowed; order of 20 May 2003 set aside; declaration made as to shares in proceeds of sale.

Orders

  • Declare Mrs Oxley is entitled to 40% of the proceeds of sale of 35 Dickens Close.
  • Adjust the sum payable to Mrs Oxley accordingly.