Gallarotti v Sebastianelli [2012] EWCA Civ 865 (03 July 2012)

Gallarotti v Sebastianelli [2012] EWCA Civ 865 (03 July 2012)

The express agreement for equal shares was conditional on Gallarotti making larger mortgage contributions, which did not occur. The parties' conduct indicated an intention that beneficial ownership should reflect their financial contributions. Therefore, the shares should be 75% to Sebastianelli and 25% to Gallarotti.

Source-derived case information.

Citation
[2012] EWCA Civ 865
Parties
Respondent: Pietro Gallarotti; Appellant: Fabio Sebastianelli
Jurisdiction
England and Wales
Judgment Date
03 July 2012
Procedural Posture
Civil Appeal / Appeal From Central London County Court
Outcome
Appeal allowed in part; Recorder's finding of equal shares set aside.
Legal Topics
Common Intention Constructive Trust, Beneficial Ownership, Co Ownership of Property, Trusts
Property Law Equity Common Intention Constructive Trust Beneficial Ownership Co Ownership of Property Trusts

Source-derived case record

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Parties

Pietro Gallarotti

Respondent

Fabio Sebastianelli

Appellant

Procedural Posture

Civil Appeal / Appeal From Central London County Court

Legal Issues

  1. 1 Whether the parties were beneficially entitled to the flat in equal shares or in shares reflecting their financial contributions

Ratio Decidendi

The express agreement for equal shares was conditional on Gallarotti making larger mortgage contributions, which did not occur. The parties' conduct indicated an intention that beneficial ownership should reflect their financial contributions. Therefore, the shares should be 75% to Sebastianelli and 25% to Gallarotti.

Court Disposition

Appeal allowed in part; Recorder's finding of equal shares set aside.

Orders

  • Declaration that Sebastianelli holds a 75% share and Gallarotti a 25% share in the flat.