Trusts in the family home

• What is required for a declaration of trust to be conclusive?

  It must be in writing and signed by the legal owner
• When can a declaration of trust be made?

  It can be made on the date of conveyance or after
• What must be shown for proprietary estoppel to apply?

  That an assurance was given which was relied upon to the claimant's detriment
• In what type of cases is proprietary estoppel mostly used?

  In will cases, not cohabitation cases
• What is presumed if the legal title is registered in joint names without an express declaration of a trust?

  It is presumed they hold title as joint tenants
• How can the presumption of joint tenancy be rebutted?

  By proving the parties intended otherwise
• What factors can the court consider when determining the parties' intentions regarding property title?

  The entire course of conduct, children of the relationship, financial arrangements, and bill payments
• What must be established for a common intention constructive trust?

  • Parties had a common intention (expressed/inferred) regarding equitable interest
  • Claimant relied on this to their detriment
  • Actual discussions led to this belief
  • Common intention related to ownership of land, not merely sharing a home
• How can common intention be inferred in property ownership cases?

  Through direct contributions to the purchase price and payment of household expenses
• What determines the quantification of the claimant’s share in a common intention constructive trust?

  What the parties agreed upon or a division suggested by their entire course of dealings
• What is a key requirement for establishing a common intention in property ownership?

  There must be actual discussions that led to the belief