Cohabitants rarely document who owns what, so when relationships break down the court must reconstruct ownership from presumptions, conversations and conduct. This chapter begins with the starting presumptions for joint and sole legal ownership and the conclusive effect of an express declaration of trust, before examining how the presumption of equal shares can be rebutted in joint names cases. It then works through sole name cases, where a claimant must prove a common intention to share ownership — whether express, evidenced by an excuse, or inferred from contributions — together with detrimental reliance on that intention. Finally, it covers how the court quantifies shares once an interest is established, including the line between inferred and imputed intentions, and how this whole approach differs from the resulting trust analysis applied to investment property.
