to have interest in home, partner always needs detrimental reliance
Examples of Detrimental Reliance:
Clear Agreement: If partners agreed on how the home would be owned and one relied on that agreement to their detriment (e.g., making financial contributions based on that agreement), the court will honor that agreement.
Changing Agreement: If their agreement changes (e.g., one partner finances an extension), the court will consider this change if it can be shown that the partner relied on it to their detriment.
Lack of Clear Agreement: If no clear agreement exists, the court will need evidence of intention to share the property unequally, supported by actions reflecting detrimental reliance.
for lack of clear agreement (joint ownership) or for sole ownership (2x)- when assessing the "whole course of dealing" between the partners, the court may consider:
- Discussions at Purchase: Any advice or discussions about the ownership structure.
- Joint Name Transfer: Reasons for transferring the home into joint names.
- Relationship Nature: The nature of the partners' relationship, including their responsibilities toward children.
- Financing: How the purchase was financed initially and subsequently.
- Financial Arrangements: How the partners managed their finances.
- Household Expenses: How they covered the ongoing expenses related to the home.
for court to quantify shares as unequal, need evience that couple intended throughout their relationsip to keep their financial affairs separate- unusual for court to find unequal beneficial interest shares