Oxley v Hiscock (2004) 3 WLR 715
In this case an unmarried couple purchased a house. It was purchased in the name of the man with contributions from the woman. Mrs Oxley obtained a reduction in the purchase price of £20,000 under the 'right to buy' legislation. The balance of the purchase price -£25,000 - was provided by Mr Hiscock. The question was whether assessing the woman's share she shoudl recevie just the actual amount of her contribution or whether other factors arising from the relationship shoudol be consdiered.
Held: Once a contribution had been made then the court could imply a common intention or bargain and then go on to consider this as a constructive trust rather than merely a resulting trust. As a result the court is entitled to look at other factors. In this case the woman was awarded a share of 40% whereas the actual size of her initial contribution was 20%. The case demonstrates a greater willingness to look at the realities of the dealings between the parties, rather than to look only at 'hard' evidence of agreements between them. However, the result is still very far from that which would be produced were the parties to be married.
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