Gissing v Gissing
1971 · [1971] AC 886
Posted By lanbuk.com
- Facts
- A wife claimed a share in the former matrimonial home. She had not paid the deposit or the mortgage. She had contributed to housekeeping.
- Issue
- Do indirect contributions buy a beneficial share?
- Held
- Not on these facts. A share is found where the contributions justify the inference of a common intention to share. Housekeeping that cannot be tied to the purchase is not automatically enough.
- Principle
- The follows the intention the parties' payments reveal. There is no family-assets rule that divides everything equally.
- Why it matters
- State this as the English rule the Sierra Leone court has been offered. Then, if the facts are a local household, put Smart's contrary submission separately.
Words and Latin in this note
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.