Pettitt v Pettitt
1969 · [1970] AC 777
Posted By lanbuk.com
- Facts
- A husband did improvement work on a house owned by his wife and claimed a share.
- Issue
- Did his work give him a beneficial interest, and how strong is the between spouses?
- Held
- No. The House of Lords held he had no interest, and said that the presumption of advancement between spouses now carries little weight.
- Principle
- The presumption of advancement between husband and wife is weak in modern conditions.
- Why it matters
- It is the starting point for modern thinking on the family home.
Words and Latin in this note
- Presumption of advancement
- The old presumption that a transfer from a father to his child, or a husband to his wife, was a gift. It displaces the presumption of resulting trust and is now weak. Open the note.
Also on Lanbuk
- Pettitt v Pettitt in Lanbuk on the Law of the Family
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.