Lowson v Coombes [1998] EWCA Civ 1849 (26 November 1998)

Lowson v Coombes [1998] EWCA Civ 1849 (26 November 1998)

The plaintiff is entitled to a declaration of a beneficial interest in half the property because, although the conveyance was for an illegal purpose (to defeat a spouse's claim), the plaintiff could establish his interest via a resulting trust without relying on the illegality, as the presumption of advancement did not apply between the parties.

Citation
[1998] EWCA Civ 1849
Parties
Plaintiff/appellant: Douglas Hunter Lowson; Defendant/respondent: Rebecca Caroline Coombes
Jurisdiction
England and Wales
Judgment Date
26 November 1998
Procedural Posture
Appeal (civil) / Appeal From Dartford County Court Decision
Outcome
Appeal allowed
Legal Topics
Resulting Trusts, Presumption of Advancement, Illegality in Trusts, Beneficial Ownership of Property, Unmarried Cohabitants, Section 37 Matrimonial Causes Act 1973
Equity Trusts Property Law Family Law Resulting Trusts Presumption of Advancement Illegality in Trusts Beneficial Ownership of Property +2 more

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Parties

Douglas Hunter Lowson

Plaintiff/appellant

Rebecca Caroline Coombes

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Dartford County Court Decision

Legal Issues

  1. 1 Whether the plaintiff is entitled to a beneficial interest in property conveyed into the defendant's sole name for the purpose of defeating a spouse's claim
  2. 2 Whether illegality bars the plaintiff from asserting a resulting trust
  3. 3 Whether the presumption of advancement applies between unmarried cohabitants

Ratio Decidendi

The plaintiff is entitled to a declaration of a beneficial interest in half the property because, although the conveyance was for an illegal purpose (to defeat a spouse's claim), the plaintiff could establish his interest via a resulting trust without relying on the illegality, as the presumption of advancement did not apply between the parties.

Court Disposition

Appeal allowed

Orders

  • Declaration that the property is held on trust for sale in equal shares for the plaintiff and defendant
  • Order for sale of the property