Calverley v Green (1984) 155 CLR 242

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  • A house was purchased by a defacto couple as joint tenants
  • Man required woman’s name to purchase
  • However the man paid for everything himself
  • Later separated; woman sought ½ the property
  • Man argued she held her interest on resulting trust
  • Was a resulting trust created?
  • Yes, in the resulting contributions
  • But the woman did contribute by being a party
  • Historically the law of presumptions arose bc of the legal limitations imposed on certain groups of people.
  • Where a person purchases property in the name of another, or in 2 names, the question whether the person who provided no money acquires beneficial interet depends on the intention of the purchaser.
  • But it is presumed they did not intend for them to get an interest and therefore there is a presumed resulting trust
  • Unequal shares = presumption the owners hold in trust proportions as purchased
  • Criticised advancement in relation to de facto but said that it is for the court to change
  • Repayment of mortgage is not taken as a contribution to the purchase

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