''Eves v Eves''
975
Year 975 ( CMLXXV) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Arab–Byzantine War: Emperor John I raids Mesopotamia and invades Syria, using ...
EWCA Civ 3 is an
English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
case, concerning
constructive trusts
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enri ...
of the family home.
Facts
Mr Eves bought a home and kept the legal title in his name using the proceeds of his old home and a mortgage loan. His cohabiting girlfriend for what would prove years, Janet Eves, lived there and asked why she had not been made an owner. He said it was because she was not yet 21. They had not married as Mr Eves was already married but were estranged. Janet nonetheless took his surname by deed poll in late 1968 having moved into his earlier matrimonial house. Janet gave birth to their first child in April 1969. "The house was very dirty and dilapidated. They went in and made their home there. She did a great deal of work to the house and garden. She did much more than many wives would do. She stripped the wallpaper in the hall. She painted woodwork in the lounge and kitchen. She painted the kitchen cabinets. She painted the brickwork in the front of the house. She broke up the concrete
ith a 14 lb sledgehammerin the front garden. She carried the pieces to a skip. She, with him, demolished a shed and put up a new shed. She prepared the front garden for turfing. To add to it all, they had their second child, a girl, on 29th December 1970."
[EWCA Civ 3 ]
/ref>
On 19 January 1973, Janet got an order from the magistrates giving her custody of the two children and ordering Stuart Eves to pay £5 a week maintenance for each. He did not keep up those payments.[
The case came before the High Court in April 1974, before the Vice Chancellor. He accepted the evidence of Janet in preference to that of Stuart Eves, but held that she was not entitled to any share in the house. She appealed.][
]
Judgment
Lord Denning MR held Mr Eves held the house on constructive trust and Janet had a 25% share. Doing the improvement work manifested a common intention to share in the home's equity.
The other appeal judges concurred but with differing reasoning:
Browne LJ:
Brightman J:
Considered in
''R v Robson (Stephen)'' (1990) 92 Cr App R 1; The Times, 7 August 1990, CA (E&W)
Applied in
''Grant v Edwards
Grant v Edwards was an English Court of Appeal case on common intention constructive trusts.
It applied the decision in '' Eves v Eves'' 975and widened its effect to a 50% share in many future contributory common intention constructive trust ...
'' 986
Year 986 ( CMLXXXVI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* August 17 – Battle of the Gates of Trajan: Emperor Basil II leads a Byz ...
Ch 638, CA (E&W)[
]
See also
*English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
*English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...
Notes
{{reflist, 2
English land case law
1975 in case law
1975 in British law
Lord Denning cases
Court of Appeal (England and Wales) cases