Sentences with phrase «cial interest»

The case of Gissing v Gissing [1971] AC 886 sets out the basic principles of a constructive trust; there must be a common intention or agreement between the couple that they were to share the benefi cial interest and the non-owner acted to their detriment in relying on such intention.

Where a property is in the sole name of one cohabitant, in the absence of any express declaration, the doctrine of constructive trusts will need to be carefully considered when trying to establish a benefi cial interest for a non-owner.