Constructive Trusts And Property Disputes

Abstract

Equity is a powerful tool in the hands of a party to a family property dispute. This paper will examine the circumstances in which the courts will find the existence of constructive trusts or other equitable rights, how they will enforce them, and the effectiveness of this route in meeting the client's requirements.

Introduction

From the 1552 Book of Common Prayer:

"And the priest taking the ring shall deliver it unto the man, to put it upon the fourth finger of the woman's left hand. And the man taught by the priest, shall say,

'With this ring I thee wed:
With my body I thee worship,
And with all my worldly goods I thee endow.'"

From the Book of Common Prayer in use today: