Alf and Bette have been cohabiting for 25 years. When they bought the house in which they lived, Alf was unemployed. The house was put into Bette’s sole name because they did not wish to explain Alf’s circumstances to the mortgage lender. Bette reassured him that he could do his bit if he became successful. During the time they lived together, Alf stayed at home and looked after the couple’s daughter, and generally did the housework. Whenever he earned some money from his work as an Elvis Presley impersonator, he used it to pay the bills and the mortgage repayments.
In 2015, Bette got a job abroad, and in order to reassure him when he feared that this would cause them to drift apart, she said that ‘we’re a team, we do things together.’
While she was away, Alf suddenly became successful, and earned a lot of money. He used the money to build a large extension on the house, and installed a state-of-the-art new kitchen. This increased the value of the house by £50,000.
Bette returned in 2020, and explained that she had met someone else. She asked Alf to leave the house, so that her new boyfriend could move in. Alf refused. Alf is now suing Bette arguing that they are co-owners in equity of the house, which has been valued at £250,000.
His grounds for argument are:
that there was a common intention between them that they should share ownership of the house.
he had relied upon that to his detriment.
the whole course of dealing between them indicates that Bette should be entitled to £100,000 representing 50% of the pre-improvement value, and that he should be entitled to £150,000, representing 50% of the pre-improvement value, plus the £50,000 increase in value that he paid for.
Bette disagrees and argues that the house belongs to her.
Please answer part A and Part B.
Please prepare a statement of argument arguing Alf’s case on each of the grounds listed above.
Please prepare a statement of argument arguing Bette’s counter-argument in relation to each of the grounds put forward by Alf.
