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Question 1

The best way for an unmarried, cohabiting couple to protect their respective claims to their shared home is to:

a) Live together for ten years

b) Make a written declaration of trust

c) Make equal financial contributions

d) Put the legal estate in joint names

Question 2

A person may claim an equitable interest in a property under a resulting trust if:

a) Both parties have agreed that they have a share

b) The claimant has acted to their detriment

c) The claimant has made a fi nancial contribution towards the purchase of the property

d) It would be unconscionable to deny their claim

Question 3

If a claimant is successful in claiming an equitable share in a house under a proprietary estoppel, the size of that share is:

a) The minimum equity to do justice

b) What was promised

c) Assessed by the value of the claimant's detrimental acts

d) Whatever is fair

Question 4

There are two categories of trust in Lloyds Bank plc v Rosset 1991 1 AC 107. The first category is based upon an oral agreement between the parties and one of the parties relying on that agreement and acting to their detriment. The oral agreement:

a) Must precisely define what the parties have agreed

b) Can be inferred from the conduct of the parties in sharing the house

c) Can be made at any time

d) Must be based on evidence of an express discussion

Question 5

Which of the following would not qualify as detrimental reliance?

a) Housekeeping and looking after children

b) A man carrying out extensive building work on the house

c) A woman carrying out extensive building work on the house

d) Moving to another country and giving up secure accommodation

Question 6

The second category of trust in Lloyds Bank plc v Rosset 1991 1 AC 107 applies where no oral agreement to share can be found. Instead the claimant must show that they made a financial contribution. Which of the following would not qualify as a financial contribution?

a) Payment of a deposit

b) Payment of household bills

c) Direct payment of part of the purchase price

d) Payment of mortgage instalments

Question 7

When the court decides the size of the couple's respective shares what is the most important and determining factor?

a) Whether the couple have agreed the size of their shares

b) The respective size of their financial contributions

c) Equality is equity

d) The whole course of dealing between them in relation to the property

Question 8

According to Stack v Dowden 2007 2 All ER 929 if the couple have purchased a house in joint legal names it is presumed that they intend to hold the house in equal beneficial shares e.g. 50/50. Why did the court decide that Mr Stack and Ms Dowden did not in fact hold equal shares?

a) Because the main earner was a woman

b) Ms Dowden needed to maintain a home for her four children

c) They kept their financial affairs rigidly separate

d) Mr Stack only paid part of the mortgage

Question 9

The majority of judges in Stack v Dowden 2007 2 All ER 929 held that the trust in this area of the law was a constructive trust, but Lord Neuberger thought it was a resulting trust. If it had been a resulting trust, what difference would this have made to outcome of the case?

a) No difference

b) The shares would have been equal

c) Ms Dowden would have received a larger share

d) Mr Stack would have received a larger share

Question 10

The Law Commission report, 'Sharing Homes' recommended a number of reforms of the law which could be adopted by judges. Which of the following did they not recommend?

a) Domestic duties should grant a share

b) The court should assume that the couple held the property in equal shares, unless the contrary was proved

c) Indirect financial contributions should count

d) Searching for the common intention of the parties was unrealistic

Oxford University Press, Online Resource Centre, Chapter 15.

Chapter 15

Instructions

Question 1

Question 2

Question 3

Question 4

Question 5

Question 6

Question 7

Question 8

Question 9

Question 10