Laskar v Laskar
Where property is bought in joint names primarily as an investment, the presumption of a resulting trust applies, rather than the Stack v Dowden approach.
Facts
Mrs Laskar was a council tenant who had the right to buy her house at a discount. She bought it with her daughter in their joint names, with the help of a mortgage for which both were liable. The daughter did not live in the house, which was let to tenants, and the rent was used to pay the mortgage. The mother and daughter later fell out, and the daughter claimed a half share.
Legal principle
The Court of Appeal held that the daughter was entitled to a share of about 33 per cent, calculated on the basis of a resulting trust according to their contributions, including the right to buy discount, which was attributed to the mother. Lord Neuberger said that Stack v Dowden was concerned with the family home, and that where a property was bought primarily as an investment, rather than a home, the presumption of a resulting trust based on contributions was the more appropriate starting point.
Related cases on trusts of the family home
- Abbott v Abbott [2007] UKPC 53
- Burns v Burns [1984] Ch 317
- Capehorn v Harris [2015] EWCA Civ 955
- Curran v Collins [2015] EWCA Civ 404
- Eves v Eves [1975] 1 WLR 1338
- Fowler v Barron [2008] EWCA Civ 377
- Geary v Rankine [2012] EWCA Civ 555
- Gissing v Gissing [1971] AC 886
Studying land law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
