Constructive Trusts for Litigators

Introduction

Unlike marriage or civil partnership, cohabitation does not automatically provide legal status or rights to property, even if they have lived together for many years. Property rights for cohabiting couples are complex, and these disputes often arise when a cohabiting relationship ends. According to the Office of National Statistics, cohabiting couple families account for almost one in five families, and this is expected to continue to increase.

This webinar will work through the current legal framework and potential reform and/or issues impacting cohabiting couples in England and Wales.

What You Will Learn

This webinar will cover the following:

• What are express, resulting, and constructive trusts?
• Differences between express, resulting, and constructive trusts
• Presumption of ownership in equal shares
• How to prove a resulting or constructive trust
• Constructive trusts - sole and jointly owned properties
• Constructive trusts - residential and commercial properties
• Application to other assets, such as bank accounts
• Other considerations, such as equitable accounting, children, occupational rent, and mortgage payments
• Presumption of advancement
• Claims for a resulting or constructive trust under the Trusts of Land and Appointment of Trustees Act 1996
• Relationship with other areas of law, such as claims for proprietary estoppel and Inheritance (Provision for Family and Dependants) Act 1975
• Looking forward: current issues impacting cohabiting couples and potential reform for express, resulting, and constructive trusts; and the law impacting cohabiting couples

This pre-recorded webinar will be available to view from Wednesday 7th May 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.