“Household contributions can create constructive trust interest in family home”
Grant had acquired a beneficial interest in the property. The Court of Appeal awarded her a half share, finding that her contributions created a constructive trust in her favour.
Linda Grant lived with George Edwards in a house purchased in the joint names of Edwards and his brother Arthur, who was joined as a purely nominal party to assist in obtaining the mortgage; Grant's name was left off the title. Edwards told Grant her name was not on the title because it would prejudice her divorce proceedings. Grant made substantial contributions to household expenses and some improvements, enabling Edwards to pay the mortgage.
Whether Grant's indirect financial contributions to household expenses, which enabled mortgage payments, gave her a beneficial interest in the property under a constructive trust.
The excuse given for not putting the property in joint names indicated a common intention that Grant should have an interest. Her substantial contributions to household expenses, which enabled Edwards to pay the mortgage, constituted sufficient detriment to found a constructive trust.
This case extended the scope of constructive trusts in family homes beyond direct financial contributions to include substantial household contributions that enable mortgage payments. It remains influential in determining beneficial interests in cohabitation disputes.
The ratio is that a constructive trust over the family home can arise where there is common intention to share beneficial ownership plus detrimental reliance, even without direct financial contributions.
The Court of Appeal held that Grant had acquired a beneficial interest in Edwards' house through a constructive trust based on his representations and her detrimental reliance.
It expanded the scope of constructive trusts in family homes by recognizing that indirect contributions and conduct can establish beneficial interests where common intention exists.
OSCOLA Citation
Grant v Edwards [1986] Ch 638 (CA)
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[2026] EWFC 14
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