Context counts for a lot – determining the beneficial ownership of properties in unmarried couple disputes

The Privy Council's judgment on 25 May 2017 in Marr v Collie (Bahamas)

[2017] UKPC 17 stresses the importance of a proper examination of the actual intentions of the parties when determining the beneficial ownership of investment properties in the joint legal ownership of an unmarried couple. 

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Cohabitation: Law Practice and Procedure provides commentary checklists procedural guides and precedents on the subject in a single volume. The 7th edition is available to order here.

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Each party was relying on common intention but they could not agree on what it was. Mr Marr had purchased various properties over a 10-year period making all the financial contributions but at the same time placing them in joint names with Mr Collie.

Isaacs J the trial judge decided that the burden was on Mr Collie to rebut the presumption of a resulting trust in favour of Mr Marr but Mr Collie had failed to discharge it. But in the same judgment he decided the result would be the same even if the common intention constructive trust analysis applied in Stack v Dowden were applied.

The Court of Appeal however...