Rachel's flat is registered in her sole name at HM Land Registry. Her partner, Sean, paid half the deposit and half of every mortgage payment for eight years under an agreement that he would own half. What best describes Sean's position?
Legal title and beneficial ownership can be separated. Where someone contributes to the purchase under an express agreement or common intention that they will share ownership, equity can recognise a beneficial interest under a constructive trust even though they are not on the register (Lloyds Bank plc v Rosset [1991] 1 AC 107; Abbott v Abbott [2007] UKPC 53). Legal title stays with the registered proprietor, Rachel. This is why lenders ask about other adult occupiers and require them to consent to the mortgage.
Equating the name on the register with the whole of the beneficial ownership.
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