A straightforward constructive trust

In Fan Siu Ngan v Yeung Kin Yip ([2001] HKEC 364) title to a property was in D’s name but the judge thought it more likely than not that the parties had intended it to be jointly owned and it was paid for partly from the profits of their business partnership. The parties were beneficial tenants in common in equal shares under a common intention constructive trust. P had been kept out of the home and he was entitled to compensation for this.

Michael Lower

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