Jurisdiction(s):
United Kingdom

Sole-name matrimonial homes: common intention constructive trust requires communicated agreement; evidential uncertainty against claimant - Pillmoor v Miah (High Court, England and Wales)

Published on: 13 March 2020

Published by a LexisNexis Restructuring & Insolvency expert

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Article summary

Pillmoor (as trustee of the bankruptcy estate of Mohammed Erfan Miah) v Miah and another [2019] EWHC 3696 (Ch), [2019] All ER (D) 211 (Oct) What are the practical implications of this case?

This decision offers practical direction on claims where one spouse seeks a beneficial stake in a property not held in their legal name. The judgment clarified the threshold for proving a common intention constructive trust, identifying what will, and will not, suffice. The party asserting the interest must adduce evidence of either an explicit arrangement to share the beneficial ownership, or facts from which such an accord can properly be inferred. Accordingly, proof should address matters that bore on ownership and family finances, including:

discussions between the spouses that touched on the question of ownership;
the role each spouse played in the household’s financial decision-making;
how the finances were organised.

If the evidential position remains uncertain, that ambiguity is liable to be resolved against the claiming spouse. These principles should equally inform the pleading and disclosure stages, ensuring that material bearing on those critical issues is properly put forward...

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