Stokes v Anderson (1991) 1 FLR 391
This case involved the quantification of shares, where the unmarried parties were unmarried had reached an oral agreement that Miss Anderson, whose name was not on the title, was to have a share. There was no agreement as to the size of her share.
Prior to his relationship with Miss Anderson, Mr. Stokes had attempted a reconciliation with his former wife, and at that time Mr. and Mrs. Stokes were jointly entitled to the house, in equal shares. When his relationship with his wife broke down, and Miss Anderson moved into the house, Mr. Stokes bought out his ex-wife's share and some of the money provided by Miss Anderson went to paying off the mortgage.
The Court of Appeal held that she was entitled to a quarter share, subject to the mortgage. Usually, under the first category the contributions of the parties ought to be irrelevant to quantification, since their purpose is to avoid the formality requirements of s.53(1)(b), however, Nourse LJ held that there could be circumstances where they could properly be taken into account, but only in order to ascertain the parties' initial intentions.
In this case, there was no reason why Miss Anderson should have any claim on the half-share held by Mr. Stokes prior to any arrangement between them. She was held entitled to a half share of the half share acquired from Mrs. Stokes, that is, a quarter share in the house as a whole.
Nourse LJ observed that: "It cannot be doubted that a constructive trust can attach to an after-acquired estate or interest in property, whether legal or equitable. That, indeed, is one of the principles on which the cases of enforceable mutual wills proceed."
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