AM v SS

AM v SS

There is insufficient evidence to displace the primary position that the St John’s Wood and Cairo properties are owned by the husband’s father; the Acton property, though in the husband’s name, is held beneficially for the intervenor under a constructive trust, given the source of funds and the express understanding at purchase.

Parties
Applicant: AM; Respondent: SS; Intervenor: WS
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Family / Judgment
Outcome
Declaration of beneficial ownership of properties.
Legal Topics
Beneficial Ownership, Constructive Trusts, Resulting Trusts, Gift of Property, Disclosure of Assets
Family Law Trusts Beneficial Ownership Constructive Trusts Resulting Trusts Gift of Property Disclosure of Assets

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Parties

AM

Applicant

SS

Respondent

WS

Intervenor

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Ownership and beneficial interest in three properties
  2. 2 Whether properties were gifted to the applicant and respondent
  3. 3 Whether constructive or resulting trust arises in favour of the intervenor

Ratio Decidendi

There is insufficient evidence to displace the primary position that the St John’s Wood and Cairo properties are owned by the husband’s father; the Acton property, though in the husband’s name, is held beneficially for the intervenor under a constructive trust, given the source of funds and the express understanding at purchase.

Court Disposition

Declaration of beneficial ownership of properties.

Orders

  • St John’s Wood and Cairo properties declared to be owned by the husband’s father.
  • Acton property declared to be held by the husband for the benefit of the intervenor.