Eves v Eves [1975]
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Eves v Eves [1975] EWCA Civ 3 is a significant English land law case that delves into the application of constructive trusts concerning the family home. The central issue revolves around the constructive trust's establishment, particularly in the context of a cohabiting couple and their contributions to the property.
Mr Eves purchased a home, retaining the legal title in his name using proceeds from his previous home and a mortgage loan. Janet Eves, his cohabiting partner for over four years, significantly contributed to the improvement and maintenance of the house. Despite her efforts, Mr Eves did not include her as an owner, citing her age initially.
They had two children together during their cohabitation. Janet obtained an order for custody of the children in 1973, leading to the subsequent legal dispute. The High Court, in 1974, accepted Janet's evidence over Mr Eves but denied her any share in the property's ownership. Janet appealed the decision.
The Court of Appeal, led by Lord Denning MR, ruled in favour of Janet, establishing a constructive trust with her having a 25% share. Lord Denning emphasised that Mr Eves held the house on a constructive trust due to their common intention to share in the home's equity, manifested through Janet's substantial contributions.
Other judges concurred, each offering distinct reasoning. Browne LJ highlighted the Vice Chancellor's acknowledgment of an arrangement between the parties for joint ownership, which Mr Eves allegedly circumvented. Brightman J underscored the understanding that Janet was intended to have a proprietary interest in the house, as evidenced by their discussions around its joint ownership.
This case contributes to the evolving landscape of constructive trusts in family home contexts, recognising the importance of parties' intentions and contributions. The judgment emphasises the link between discussions around joint ownership and subsequent contributions to the property. The case underscores the courts' willingness to imply constructive trusts based on the parties' understanding, even in the absence of a written agreement.
Mr Eves purchased a home, retaining the legal title in his name using proceeds from his previous home and a mortgage loan. Janet Eves, his cohabiting partner for over four years, significantly contributed to the improvement and maintenance of the house. Despite her efforts, Mr Eves did not include her as an owner, citing her age initially.
They had two children together during their cohabitation. Janet obtained an order for custody of the children in 1973, leading to the subsequent legal dispute. The High Court, in 1974, accepted Janet's evidence over Mr Eves but denied her any share in the property's ownership. Janet appealed the decision.
The Court of Appeal, led by Lord Denning MR, ruled in favour of Janet, establishing a constructive trust with her having a 25% share. Lord Denning emphasised that Mr Eves held the house on a constructive trust due to their common intention to share in the home's equity, manifested through Janet's substantial contributions.
Other judges concurred, each offering distinct reasoning. Browne LJ highlighted the Vice Chancellor's acknowledgment of an arrangement between the parties for joint ownership, which Mr Eves allegedly circumvented. Brightman J underscored the understanding that Janet was intended to have a proprietary interest in the house, as evidenced by their discussions around its joint ownership.
This case contributes to the evolving landscape of constructive trusts in family home contexts, recognising the importance of parties' intentions and contributions. The judgment emphasises the link between discussions around joint ownership and subsequent contributions to the property. The case underscores the courts' willingness to imply constructive trusts based on the parties' understanding, even in the absence of a written agreement.
