Pettitt v Pettitt
1970 · [1970] AC 777
Posted By lanbuk.com
- Facts
- A husband claimed a share in the matrimonial home, which was in the wife's name, on the basis of work he had done to it after the marriage.
- Issue
- Does marriage, or work on a house, give a share when the title is in one name?
- Held
- No. The House looked for an agreement or for a inferred from contributions. There is no doctrine that matrimonial property belongs to both merely because it is the home.
- Principle
- An express agreement is conclusive. Without one, the court infers intention from who paid and from the presumptions of advancement and .
- Why it matters
- The starting point where section 26 does not apply. Smart urges a more generous inference for domestic contributions. That is a submission, not this decision.
Words and Latin in this note
- Resulting trust
- A trust under which the beneficial interest goes back to the person who provided the property, because he is presumed not to have meant a gift, or because an express trust did not use up the whole interest. Open the 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.
Also on Lanbuk
- Pettitt v Pettitt in Lanbuk on the Law of Equity and Trusts
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.