This website uses cookies to ensure you get the best experience on our website. Learn more

Abbott v Abbott [2008] 124 LQR 209

By Oxbridge Law TeamUpdated 04/01/2024 07:01

Judgement for the case Abbott v Abbott

Table Of Contents

  • H and W got married and H was given some land by his mother in his sole name.

  • H and W took out a joint loan with joint liability for the building of a home. H and W’s earnings went into a joint account and paid off the mortgage jointly.

  • Privy Council held that the presumption of sole ownership was rebutted by the parties’ course of conduct relating to the property.

  • When a parent gives a present for the purposes of building a matrimonial home it is for the benefit of both parties and the fact that the parties did all their financial dealing together implies an agreement to share ownership.

    • Thus each party would be given a 50% share.

    • This was reasoned on the basis of Stack v Dowden, the speech of Lord Bridge in Rosset now being overturned in law. 

Any comments or edits about this case? Get in touch

For Further Study on Abbott v Abbott

Land Law Notes
987 total pages
1286 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridge. ...

GDL Land Law Notes
556 total pages
133 purchased

A collection of the best GDL notes the director of Oxbridge Notes (an O...

Trusts and Equity Notes
1,016 total pages
1804 purchased

Equity notes fully updated for recent exams at Oxford and Cambridge. Th...

Property Law Notes
103 total pages
8 purchased

In depth revision notes that include lecturer and academic commentary a...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started
Claim every advantage to get a first in law
Land Law Notes
987 total pages
1286 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridge. ...