Grant v Edwards (1986) Ch 638
In 1969 a house was purchased for the plaintiff, Mrs Grant, and the defendant, Mr Edwards, to live in as if married. Mrs Grant was actually married to someone else. The house was purchased in the name of Edwards and his brother. Edwards told Grant that her name would not go on the title for the time being because it could harm the matrimonial proceedings pending between Mrs Grant and her husband. In reality however, he had no intention of conveying any legal title to the plaintiff.
The defendant Mr Edwards paid the deposit on the house, and most but not all of the repayments on the two mortgages. The plaintiff also contributed towards general household expenses, provided housekeeping and brought up the children. In 1980 the couple separated, and the plaintiff claimed a beneficial interest in the property.
Held: Edwards statement that Mrs Grant's name would have appeared on the title except that it could cause prejudice in the matrimonial proceedings was evidence of a common intention that Mrs Grant should have beneficial interest in the form of a half share in the property. Mrs Grant had relied to her detriment on the common intention so she was entitled to a half share on a resulting or constructive trust.
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