Carrying out domestic chores does not prove a common intention

Bringing up children and carrying out jobs around the house are not sufficient to allow the court to infer the existence of a common intention constructive trust.

Burns v Burns ([1984] Ch 317) concerned a co-habiting couple. Title to the family home was in the man’s name alone. The woman contributed to the payment of household bills, bought things for the house and redecorated. It was held that these actions were not referable to any intention that she should have an interest in the house. There was no constructive trust on these facts.

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