Oxley v Hiscock

Oxley v Hiscock
Court	Court of Appeal
Citation(s)	[2004] EWCA Civ 546, [2005] Fam 211
Keywords
trust, family home

Oxley v Hiscock [2004] EWCA Civ 546 is an English land law case, concerning constructive trusts and their quantification in a home's equity value.

Facts

Mrs Elayne Oxley was living at 39 Page Close, Bean, near Dartford, where under the Housing Act 1985 she had had the ‘right to buy’. She and Mr Allan Hiscock, a First Iraq War soldier who had been captured, bought a new house together in September 1987, 35 Dickens Close. She paid 28%, he paid 48% of £25,200. They both contributed to household expenditure, improvements, maintenance and paying off the mortgage. Mrs Oxley claimed 50% of the proceeds.

Judgment

Chadwick LJ held Mrs Oxley was entitled to a 40% share on the facts, not equal in light of the difference between their initial cash contributions. He said there were two questions (1) was there a constructive trust, and (2) how was it to be quantified. In particular, when there is no expression of what share each was to, then it is up to the courts to decide.

69. It must now be accepted that (at least in this court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property.’ Includes arrangements to meet outgoings like mortgage, council tax, utilities, repairs, insurance and housekeeping.

See also

• English land law
• English property law
• Stack v Dowden [2007] UKHL 17
• Abbott v Abbott [2007] UKPC 53
• Geary v Rankine [2012] EWCA 555