Court of Appeal Wellington
14, 24 July 1987
Cooke P, Casey and Henry JJ
14, 24 July 1987
Cooke P, Casey and Henry JJ
Husband and wife — De facto marriage — Domestic actions — Property dispute — Constructive trust — Couple had agreed to marry and had purchased a home where they lived as man and wife for four years until the relationship terminated — Property was in the name of the de facto wife although the de facto husband had made far greater cash contribution than she had towards the purchase and improvements of the property — Whether, in order to restore the de facto husband to his original position, he should be given more than repayment of cash contributions — Whether increase in value of the property attributable to inflation should be shared by the parties — Observations on whether s 8 should be applied in a situation where an engaged couple are living in a de facto relationship — Domestic Actions Act 1975, s 8.
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