PROPERTY CONSEQUENCES OF RELATIONSHIPS

In Ghaidan v Mendoza what kind of couple was the court willing to state were living together as 'husband and wife'?   A long parent and child.   An unmarried opposite sex couple.   An uncle and nephew.   A same-sex couple.

 

Under what legislation can an unmarried parent be ordered to pay lump sums to support their children?   Matrimonial Causes Act 1973.   Children Act 1989.   Family Law Act 1996.   Family Law Reform Act 1969.   Child Support Act 1991.

 

Which of the following circumstances could give rise to a resulting trust?   B promises A he will leave A his house in his will   A contributes to the purchase price of a house which is put into B's name alone.   B promises he will let A live in his house   A helps B choose a suitable house to buy

 

Which of the following would give rise to a presumption of advancement (i.e. a presumption of a gift)?   A sister transfers property to her sibling.   A father transfers property to his daughter.   An aunt transfers property to her nephew.

 

In a constructive trust how can a common intention to share ownership be inferred?   From a payment towards household expenses   It cannot.   From a direct contribution to the purchase price or a mortgage instalment   Where the couple have lived together for two years

 

In addition to a common intention to share ownership, what else is required to establish a constructive trust?   A direct contribution to the purchase price or mortgage instalment.   A finding that it would be just to give the claimant a share in the property.   A promise to transfer the property to the claimant.   Reliance on the common intention.

 

Having established a constructive trust, how will the court work out what share each party has?   It will depend on their agreement, or if there was no agreement on what would be fair.   It will depend only on their financial contributions.   It will depend on what would happen had they been married.

 

In Gillet v Holt what did the Court of Appeal suggest was the key concept in a proprietary estoppel?   Detriment.   Stopping.   Reliance.   Promise.   Conscionability.

 

How will a court ascertain what to award a person who successfully claims a proprietary estoppel?   It will give the applicant what would be fair.   It will give the applicant what they were promised.   It will compensate the applicant for their reliance.   It will give the applicant property.

 

Which of the following statements best summarises the law on cohabitation contracts?   They will be read by the courts and taken into account, but not directly enforced.   They will be enforced if they are valid under the normal law of contract.   They are never enforceable.