In 2003, Barrie decided to purchase his own house. Barrie was single and worked as a plastic surgeon. Barrie paid the deposit and funded the balance of the purchase by mortgage. The house was conveyed to Barrie as sole legal owner with no mention of any beneficial interest.
In 2005, Barrie’s girlfriend Monique, a journalist, moved in to Barrie’s house as she was five months pregnant. The couple opened up a joint bank account each contributing £1000 per month. The joint bank account was used to pay the utilities, other household expenditures and the mortgage instalments.
In 2006, their son, William, was born. Monique did not return to work as she stayed at home to look after William and Barrie. As Monique was no longer earning, the couple decided to close the joint bank account. The mortgage and most of the utility payments were transferred back into Barrie’s single account.
However, Monique set up her own bank account to manage the ‘housekeeping’ money she received from Barrie. Out of Monique’s single bank account she buys the food and pays the gas and electricity utility bills. Monique also does all the cleaning and daily household chores.
In 2015, Barrie paid off the entirety of the mortgage due to his increased earnings.
Last week Barrie told Monique that the relationship is over.
Advise Monique as to what, if any, interest she may have in the property and include how the courts may quantify any such interest. (Do not discuss proprietary estoppel.)
