The High Court allows an appeal concerning whether a wife holds a marital home on trust for her husband. The wife purchased the property using loans in both spouses’ names, but title was solely in her name. The Commissioner obtained a declaration in the Full Court that the wife holds half the property on trust for the husband based on a presumption of resulting trust.
The High Court finds the objective facts when the property was purchased do not support inferring the husband intended a trust over half the property. The spouses generally held assets separately and the husband facilitated the purchase without gaining an interest. The property purchase arrangements reflected this practice.
The appeal is allowed, setting aside the Full Court’s declaration. The High Court holds the property is wholly owned by the wife, finding no basis to infer the husband intended to obtain a beneficial interest when it was purchased as the marital home.
Details – https://www.hcourt.gov.au/cases/case_p9-2022