Flynn v Reid [2012] 1 JLR 370 (14 May 2012)

Flynn v Reid [2012] 1 JLR 370 (14 May 2012)

Partner was unjustly enriched by cohabitee's substantial financial and in-kind contributions, and remedy is award of share of net proceeds of sale.

Citation
[2012] 1 JLR 370
Parties
Cohabitee: Flynn; Partner: Reid
Jurisdiction
Jersey
Judgment Date
14 May 2012
Procedural Posture
Family Law Property Dispute / Judgment
Outcome
cohabitee awarded share of net proceeds of sale
Legal Topics
Cohabitation, Property Sharing, Unjust Enrichment
Family Law Property Law Cohabitation Property Sharing Unjust Enrichment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Flynn

Cohabitee

Reid

Partner

Procedural Posture

Family Law Property Dispute / Judgment

Legal Issues

  1. 1 Whether cohabitee is entitled to a share of the net proceeds of sale of property purchased in sole name of partner
  2. 2 Whether partner was unjustly enriched by cohabitee's contributions

Ratio Decidendi

Partner was unjustly enriched by cohabitee's substantial financial and in-kind contributions, and remedy is award of share of net proceeds of sale.

Court Disposition

cohabitee awarded share of net proceeds of sale

Orders

  • Partner to pay cohabitee proportion of sale proceeds