Eves v Eves (1975) 1 WLR 1338
Janet and Stuart Eves purchased a house in which it was intended both should live. The house was conveyed into Stuart Eve's name and he provided the entirety of the purchase money. However, he told Janet Eves that if she had been 21 years of age he would have put the house into their joint names, as it was to be their joint home, but that as she was under 21 it would have to be put into his name alone.
She believed him, but he later admitted that this was an excuse and that he never intended her to have a share. Not withstanding this she did a lot of heavy work in reliance on the statement to improve the state of the house. Stuart Eves also helped her with the improvements.
On the breakdown of the relationship four and a half years later, the question arose as to whether Janet had a share in the house, and if so, in what proportions.
Held: The defendant Stuart Eves held the legal estate on trust for sale for himself and Janet, in the proportions of one-quarter to Janet and three-quarters to himself. The decision depended on the excuse made by Stuart Eves, and relied upon by Janet.
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