Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Curley v Parkes [2005]

319 words (1 pages) Case Summary

17th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Curley v Parkes [2005] 1 P & CR DG 15

Purchase price resulting trust of home; when trust takes effect; whether it can be altered subsequently.


Curley and Parkes cohabited as a couple from 1999. In 2000 Parkes sold her existing home and purchased a house in Richmond with the sale proceeds, a mortgage in her own name, and her own savings. The property was registered in her sole name and Curley contributed nothing to the purchase price. They held a joint bank account from which the mortgage instalments were paid. In 2001 Curley received a relocation package from his employer. Parkes bought a new property with a mortgage in her sole name. Curley made payments into Parkes account, and when the relationship ended he claimed a half share in the house.


Curley argued there was an express agreement between the parties that they should hold the beneficial title to the property in equal shares. In the alternative, he claimed such an agreement should be inferred from the circumstances, and that a constructive trust should be found in his favour. He also contended a purchase price resulting trust should have been found to have arisen because of the payments he made to Parkes after the purchase of the property. Parkes contended no resulting trust arose, because such payments as she received from Curley were made after the property had been purchased.


Curley’s claim failed. A purchase price resulting trust takes effect and crystallises at the time of its creation when the property is purchased, and ordinarily cannot be changed afterwards. Such agreements as were reached between the parties were not intended to have legal consequences, and Curley had not directly contributed to the purchase price and, therefore, no resulting trust could have arisen.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles