판결 이유
An unmarried cohabitant who makes no financial contribution to the purchase price or mortgage of a property has no beneficial interest under a resulting or constructive trust, even after 17 years of cohabitation and significant domestic contributions.
사실관계
Mrs Burns (as she was known) lived with Mr Burns for 17 years, raising their children and contributing to household expenses. The house was in Mr Burns' sole name and she made no direct financial contributions to its purchase or mortgage. When the relationship ended, she claimed a beneficial interest.
판결 요약
The Court of Appeal held that Mrs Burns had no beneficial interest. There was no express or inferred common intention to share ownership, and her domestic contributions (housekeeping, childcare, paying some bills) were insufficient to establish a constructive or resulting trust.
주요 인용문
"Contributions to the general household budget are not enough to found an inference of common intention."
— Fox LJ
후속 처리
Demonstrates the limits of constructive trusts for cohabitants. The law has developed somewhat through Stack v Dowden and Jones v Kernott, but significant gaps remain for non-contributing cohabitants.