Hudson v Hathway [2023] WTLR 207

Wills & Trusts Law Reports | Spring 2023 #190

After Jayne Hathaway (JH) and Lee Hudson (LH) started a relationship in 1990, JH moved into LH’s home and became a joint owner. They had two sons together but did not marry. After selling their home, they bought another in joint names. In 2007 they sold that home and, with a mortgage, bought Picnic House in joint names. The mortgage payments were made from a joint bank account, into which the salaries of them both were paid. LH’s contributions towards the mortgage payments far exceeded those of JH.

In 2009, LH left JH and moved in with another woman, whom he later married. JH cont...

Hudson v Hathway [2022] WTLR 973

Wills & Trusts Law Reports | Autumn 2022 #188

The parties had started a relationship in 1990. Mr Hudson had moved into Ms Hathway’s home and become joint owner. They did not marry and had two sons. The home was sold and another bought in joint names. In 2007 they purchased Picnic House with a mortgage. It was again purchased in joint names with no declaration of trusts. They separated in 2009, with Ms Hathway staying at Picnic House. The mortgage was converted to an interest-only mortgage. It continued to be paid from a joint account into which both of their salaries had been paid.

In July and August 2013 there was an exchang...

TOLATA 1996: A different world

Lehna Gardiner highlights the approach taken in TOLATA 1996 proceedings when compared with financial order cases ‘Evidence of time, effort and commitment in relation to improvement work on a property will be insufficient on its own – the claimant must prove a common intention to share the beneficial interest.’ Proceedings under the Trusts of Land …
This post is only available to members.