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  • Le Foe V Le Foe 2005

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FAMILY DIVISION NICHOLAS MOSTYN QC SITTING AS A DEPUTY JUDGE OF THE HIGH COURT 19 June 2001 LE FOE v LE FOE and another WOOLWICH plc v LE FOE and another W appeared in person Timothy Becker for H Gerald Wilson for Woolwich JUDGMENT Judge of the High Court 1. Before the Court are two distinct cases. First there is an application for ancillary relief by Margaret Le Foe W made in judicial separation proceedings against Dominic Le Foe H.

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Three conditions must be shown to impose a constructive trust: (1) a specific, identifiable property interest, (2) the plaintiff's right to the property interest, and (3) the defendant's acquisition or detention of the property interest by some wrongful act.

Similarly, 'constructive trusts' are trusts that may exist even though an express trust has not been expressly created. A resulting trust arises essentially where property is transferred back to someone who is implied to have held the property on trust for the benefit of another.

Three conditions must be shown to impose a constructive trust: (1) a specific, identifiable property interest, (2) the plaintiff's right to the property interest, and (3) the defendant's acquisition or detention of the property interest by some wrongful act.

Generally, they're only necessary in limited situations. For example, you might need a constructive trust when the transfer of property is associated with any of the following: Undue influence. Duress or coercion.

The legal title of a property refers to the legal ownership which comes with the right to control the property in compliance with the law. In contrast, an equitable title gives a person the right to enjoy the benefits that come with the ownership of a property despite them not being the legal titleholders.

Inferred common intention based on the parties' conduct: “In this situation direct contributions to the purchase price by the partner who is not the legal owner, whether initially or by payment of mortgage instalments, will readily justify the inference necessary to the creation of a constructive trust.

A Common Intention Constructive Trust is a type of constructive trust where there is a common intention of the parties regarding the sharing of the beneficial interest in a property in which the legal title of the property is vested in one of the parties only.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232