Court of Appeal Wellington
13, 27 June 1983
Cooke, Richardson and McMullin JJ
13, 27 June 1983
Cooke, Richardson and McMullin JJ
Trusts and trustees — Constructive trust — Common intention — De facto spouses — Man and woman had lived together for five years — On woman's death, man sought half share in house property — Whether there was a common intention of shared beneficial ownership — Observations on whether, when determining the property rights of common law spouses, the Courts may impose or impute a constructive trust to reflect the direct and indirect contributions of each to the property even if a common intention cannot be found in fact.
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