Goodman v Gallant
An express declaration of the beneficial interests in a conveyance is conclusive, in the absence of fraud or mistake.
Facts
Mrs Goodman and Mr Gallant lived together in a house that was conveyed to them as joint tenants, and the conveyance expressly declared that they held the house on trust for themselves as joint tenants. Mrs Goodman later served notice severing the joint tenancy, and claimed that she was entitled to three quarters of the proceeds of sale, because of her greater contribution to the purchase.
Legal principle
The Court of Appeal held that Mrs Goodman was entitled to only half of the proceeds. Slade LJ said that, where the conveyance contains an express declaration of the beneficial interests, that declaration is conclusive unless it is varied by a later agreement, or the conveyance is set aside or rectified for fraud or mistake. On severance, the joint tenancy became a tenancy in common in equal shares. The parties could not go behind the declaration to argue for a resulting or constructive trust.
Related cases on co-ownership and trusts of land
- Bank of Ireland Home Mortgages Ltd v Bell [2001] 2 FLR 809
- Barca v Mears [2004] EWHC 2170 (Ch)
- Bull v Bull [1955] 1 QB 234
- Burgess v Rawnsley [1975] Ch 429
- Re Citro (A Bankrupt) [1991] Ch 142
- Re Draper's Conveyance [1969] 1 Ch 486
- First National Bank plc v Achampong [2003] EWCA Civ 487, [2004] 1 FCR 18
- Harris v Goddard [1983] 1 WLR 1203
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