Presumption of Advancement in UK Law

  • Tinsley v Milligan
    • House of Lords
    • 24 Junio 1993
    ... ... interest are not limited to cases in which there is a presumption of advancement in favour of the transferee. If that was the case, the ... ...
  • Jones v Kernott
    • Supreme Court
    • 09 Noviembre 2011
    ... ... in terms of a resulting trust, which depends upon the law's presumption as to the intention of the party who makes a financial contribution to the ... were different and when it was tempered by the presumption of advancement. The breadwinner husband who provided the money to buy a house in his ... ...
  • Stack v Dowden
    • House of Lords
    • 25 Abril 2007
    ... ... the title to a dwelling house is taken in one name only, the presumption is that there is sole ownership in the named proprietor. Where it is taken ... that (at least as between husband and wife) the presumption of advancement was no longer appropriate for determining property disputes ... 17 ... ...
  • Pettitt v Pettitt
    • House of Lords
    • 23 Abril 1969
    ... ... argued that the present case could be decided by applying the presumption regarding advancement. It was said that if a husband spends money on ... ...
  • Seldon v Davidson
    • Court of Appeal (Civil Division)
    • 02 Mayo 1968
    ... ... any circumstances tending to show anything in the nature of a presumption of advancement. This is not a case of fat bar and child, or husband and ... ...
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996
    ... ... the name of B or in his and A's joint names, where there is no presumption of advancement or evidence of intention to make an out and out gift; or ... ...
  • Tinker v Tinker
    • Court of Appeal (Civil Division)
    • 03 Diciembre 1969
    ... ... It must be one or other. The presumption is that it was conveyed to her for her own use; and he does not rebut that ... The burden of displacing the presumption of advancement is therefore on the husband. This burden can in many cases be displaced ... ...
  • Gissing v Gissing
    • House of Lords
    • 07 Julio 1970
    ... ... That would be the presumption as to the intention of the parties at the time or times when she made and ... been very substantial contributions (otherwise than by way of advancement) by one spouse to the purchase of property in the name of the other spouse ... ...
  • Re Shephard. Shephard v Cartwright
    • House of Lords
    • 01 Diciembre 1954
    ... ... in regard to the application of the equitable doctrine of advancement which I had regarded as well settled long ago ... 2 ... only two facts which are at this stage relied on to rebut the presumption of advancement, viz.: that the children were ignorant and that ... ...
  • Lowson v Coombes
    • Court of Appeal (Civil Division)
    • 26 Noviembre 1998
    ... ... It must be one or the other. The presumption is that it was conveyed to her for her own use: and he does not rebut that ... "The burden of displacing the presumption of advancement is therefore on the husband. This burden can in many cases be displaced ... ...
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