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Co-ownership and estoppel.

The editor of this section of the site is Samantha Jackson of 1 Chancery Lane, London.

Beneficial ownership

Resulting Trusts

Wodzicki v Wodzicki
[2017] EWCA Civ 95

Summary

The trial judge was entitled to find on the evidence that the beneficial interests in the property were held jointly by the parties on the basis of a resulting trust.

Facts

A property was purchased by the appellant's (D’s) father (F). The Property was registered in the joint names of F and the respondent, his second wife (W). The funds for the purchase were provided by a loan by a bank in France to F and W, secured by a mortgage on their jointly-owned house in France. The mortgage stated that the purpose of the loan was to partially finance the purchase of a house located in England to be occupied as a primary residence by D. Amongst other things, D spent some £5,000 on improvements to the property. She also took out other loans for home improvements and had paid the outgoings for the property.

Later, F died intestate in France. W suggested that if D gave up any entitlement under French inheritance law, the Property could be gifted to her but that suggestion was not pursued by D.

Subsequently, W took proceedings for possession of the property but they were later struck out for a failure to pay court fees. D defended and counterclaimed on the basis that she was the sole beneficial owner of the property and was in any event, by reason of an agreement made when the Property was purchased, entitled to occupy it indefinitely. As to her claim to beneficial ownership, D's pleaded case was that her father had promised her that when he had finished repaying the loan and when he thought she was 'ready', he would transfer the property to her and in return she would pay for the upkeep, maintenance and outgoings. But for that promise she w ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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