The purpose of this article is to consider the law of constructive trusts following Jones v. Kernott  UKSC 53, judgment given on 9th November 2011, insofar as it relates to the purchase of property primarily by cohabitants.
Unlike the position upon divorce or breakdown of a civil partnership, there is no coherent statutory machinery to adjust financial and property rights. The relevant law is mainly found in the Trusts of Land and Appointment of Trustees Act 1996 and the principles of equity.
Consideration is given to:
(1) Express declarations of trust;
(2) Purchase of a property in the parties’ joint names where there is no express declaration of trust; and
(3) Purchase of a property in one party’s sole name.