Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
October 19, 2012

Common intention and detrimental reliance

Last week we looked at the approach of the Court of Appeal and the instances when they would interfere to change or adjust the decision of the trial judge. As mentioned before, those times are limited to instances when the trial judge was “clearly and blatantly wrong”. The appeal judges could look at the evidence and make their own inferences. In the discussion, the issue of “common intention” and “detrimental reliance” were identified and I take this opportunity to expand on these concepts.{{more}}

These concepts are associated with settled legal principle in relation to the acquisition of beneficial interest in an asset or property. The principle is that the claimant must prove that there was a common intention between the parties that they should share the beneficial title and the claimant acted to his or her detriment on the basis of the common intention. To ensure an equitable distribution of matrimonial or joint property, the court would explore common intention and detrimental reliance with regards to the parties. It is necessary to look at what the parties said and did in terms of their intention to purchase the asset, so as to arrive at a fair share of the beneficial interest.

Common Intention

Very often, while the parties are enjoying themselves, they do not find the time to record or make decisions about the share of beneficial interest in assets. In fact, very few would think that their relationship would come to an end and there would be a need to share the assets. So, where a property is obtained during the marriage, or the relationship and is registered in the name of one party, even though both parties would have contributed, the court will explore the evidence to see if there is common intention.

There are two ways by which common intention could be established. There can be direct evidence of an agreement, that the party without the legal title will have a beneficial interest in the asset. Where there is no express agreement, then the conduct of the parties could be examined to see if they intended to have joint ownership.

Detrimental Reliance

If a person acts upon this common intention by performing in some ways towards the acquisition of the asset, the acts of that party could be regarded as sufficient detriments to his or her interest.

In the Anguillan case, Webster v Dunbar (No.4 of 2011), the trial judge found that there was an express agreement and that the respondent told the claimant that her name could not be included on the title, as she was not a citizen of that country where the property was located. Based on the evidence, the judge thought that the respondent’s purchase of blinds, building material, and general assistance in the construction process were acts done by her to her detriment and would qualify her for a beneficial interest in the property in contention.

In the case of Grant v Edwards and Another (1986, 2 All ER 426) the claimant was a married woman in a common law relationship with the Defendant. Her name was not included on the title, as the Defendant told her it would prejudice her in her pending matrimonial proceedings. There was an express oral agreement. The claimant made indirect contributions to the repayment of the mortgage by sharing the household expenses, housekeeping and bringing up the children. The Court of Appeal thought there was a common intention and that she had acted to her detriment in reliance on that common intention.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Fire guts Calliaqua Police Station, Officers relocate to Town Hall
    Breaking News
    Fire guts Calliaqua Police Station, Officers relocate to Town Hall
    Forrest 
    March 14, 2026
    Staff at the Calliaqua Police Station have relocated to the upper floor of the Calliaqua Town Hall after fire gutted the police station early Friday e...
    UNITED WE STAND, DIVIDED WE FALL
    Our Readers' Opinions
    UNITED WE STAND, DIVIDED WE FALL
    Jada 
    March 13, 2026
    In recent times we have been hearing the curious notion being peddled that it is not necessary for Caribbean Community (CARICOM) member states to have...
    Increasing the Age of Consent: Righteous and Wrong
    Our Readers' Opinions
    Increasing the Age of Consent: Righteous and Wrong
    Jada 
    March 13, 2026
    We applaud the Hon. Minister of Family and Gender Affairs, Laverne Gibson-Velox, for her innocent and good intention to address our adolescent sexual ...
    Prime Minister Drew Salutes St. Kitts-Nevis Defence Force New Recruits
    Press Release
    Prime Minister Drew Salutes St. Kitts-Nevis Defence Force New Recruits
    Jada 
    March 13, 2026
    Basseterre, Saint Kitts, March 13, 2026 (SKNIS) — Prime Minister the Honourable Dr. Terrance Drew, delivered the featured remarks at the Passing Out C...
    The Imperative of South–South Cooperation for Developing Countries
    Our Readers' Opinions
    The Imperative of South–South Cooperation for Developing Countries
    Jada 
    March 13, 2026
    By Deodat Maharaj Gebze, Türkiye Multilateralism as we know it is going through a seismic shift. Old alliances are being tested with clearly defined s...
    CARPHA Partners with the University of Oslo to Advance GIS and DHIS2 Capacity for Stronger Regional Public Health Surveillance
    Press Release
    CARPHA Partners with the University of Oslo to Advance GIS and DHIS2 Capacity for Stronger Regional Public Health Surveillance
    Jada 
    March 13, 2026
    Port of Spain, Trinidad and Tobago. March 03, 2026. The Caribbean Public Health Agency (CARPHA), in collaboration with the University of Oslo, success...
    News
    First Female Inspector of Police to be buried tomorrow
    News
    First Female Inspector of Police to be buried tomorrow
    Forrest 
    March 13, 2026
    She hails from the Marriaqua Valley. Aurora H.Falby, who made history as the first female in the Royal St Vincent and the Grenadines Police Force to b...
    ULP revolutionised Health Care, says Opposition Leader Ralph Gonsalves
    News
    ULP revolutionised Health Care, says Opposition Leader Ralph Gonsalves
    Forrest 
    March 13, 2026
    Leader of the opposition Unity Labour Party, Dr. Ralph Gonsalves, praising a recent experience at the Byera Health Center, said the health system unde...
    Partnership necessary to grow the economy – PM
    News
    Partnership necessary to grow the economy – PM
    Forrest 
    March 13, 2026
    Prime Minister Dr. Godwin Friday, said he would like to make it “very clear” that the government cannot “basically” be the driving force in the econom...
    PM still guarded on question of permission for US operations in SVG waters
    News
    PM still guarded on question of permission for US operations in SVG waters
    Forrest 
    March 13, 2026
    Prime Minister Dr. Godwin Friday, side swiped a question whether this country had given the green light to the United States of America to carry out m...
    Bad behaviour in mini-buses high on police complaints list
    News
    Bad behaviour in mini-buses high on police complaints list
    Forrest 
    March 13, 2026
    Most people who attended the first Customer Appreciation Day initiative, hosted by the traffic department of Royal St Vincent and the Grenadines Polic...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok