16 Dec 2021
LO v LO [2021] NZCA 693
- Citation
- (2021) 22 NZCPR 721
- Court
- Court of Appeal
The Court of Appeal held the brothers are legal co‑owners in equal shares but the mother holds an equitable interest under a constructive trust protecting her reasonable expectation of a home; that expectation does not require retention of the six‑bedroom house but can be satisfied by a one‑third share for each party enabling a buy‑out of the appellant or, failing that, an orderly sale with ancillary orders to protect the mother's interests; appeal allowed and respondents granted leave to buy out appellant's one‑third share on specified terms, with leave reserved for submissions on sale order…