Constructive trust

Morris v Morris and others CA SJ 4 March p31

The husband’s mother was the sole owner of a family farm and before the marriage, the husband and mother entered into a joint partnership for the purpose of running the farm under a joint tenancy in respect to the farmhouse, which stood upon it. After the husband met the wife, they lived in the farmhouse and she provided substantial unremunerated assistance to the farming business and later opened a riding school on the farm, with a loan from a company owned and managed by the husband. Following the breakdown of the marriage, the wife moved out of the farmhouse and claimed a beneficial interest in the farm premises on the basis that their conduct indicated a common intention to create a constructive trust in her favour.