LAW2040 PROPERTY LAW 2B Essay Example | Topics and Well Written Essays - 3000 words

LAW2040 PROPERTY LAW 2B - Essay ExampleThis arrangement went on for seven years James making the mortgage repayments, while Cara did domestic chores. Cara did not make each mortgage payments on this right away, nor did she have a child at seat to care for. Because the proceeds from the flat were used to buy the cop farm, it is therefore pertinent to analyze whose holding was the flat in the get-go instance. Therefore, the real question here is whether Caras domestic contribution towards the household factors into who would be entitled to pose claim to the original flat? This question can be answered by examining fire v. Burns 1984 Ch 317. In Burns, the plaintiff, Valerie Burns, lived with the defendant for 19 years, without the benefit of marriage. Valerie did not contribute financially towards the purchase price of the home or the mortgage installments, and acted as a homemaker. She also paid some household bills and paid for expenses related to redecorating. However, the B urns court stated that, absence any proof that Valerie do financial contributions to the purchase price or the mortgage installments, she did not have the right to beneficial entitlement to the home. In this study, Cara did contribute to purchase price, then made no other financial contributions for the next seven years. Therefore, the property would be Caras to the extent that she financially contributed to it, and no more, and the rest would be considered to be James. It is unclear how much Cara put towards the property when the property was purchased, and for how much the flat was sold, but any money that was realized from the sale of this property would belong mostly to James, which means that James put most of the money towards the financing of the pig farm, even though the pig farm was titled only in Caras name. That said, other cases indicate that Cara would be entitled to a share of the original flat, beyond what she contributed financially, so the analysis will also take this into account. The leading case which would answer this question would be Oxley v. Hiscock 2004 EWCA Civ 546. In this case, two unmarried parties purchased a house, and the property was transferred into the name of the male partner, who was the defendant. In this case, as in the case at bar, both parties directly contributed to the purchase price of the house. Because the non-owner of this home did directly contribute directly towards the purchase price, the non-owner was entitled to a beneficial share of the home. Therefore, the principle completed by Lloyds Bank plc v. Rosset 1990 UKHL 14 would not be used. The principle in Rosset, which echoes the principle in Burns, is that lead alone would not entitle an individual to a beneficial interest in property. Nothing slight than direct monetary contribution would suffice. That said, Abbott v. Abbott 2007 UKPC 53 states that a partys course of conduct would be examined in relation to the property, in order to determine who had what share of the home. However, Holbech states that the Abbott court would only look at indirect contributions towards the purchase price, such as payments into a joint account out of which the mortgage was paid, or works to improve the property. Drake v. Whipp 1986 Ch 638 is another case which addresses these concerns.