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Hong Kong Leading Case beneficial interestcommon intentionmatrimonial property

Mo Ying v Brillex Development Ltd & Anor

[2015] 2 HKLRD 985; [2015] 3 HKC 104
JurisdictionHong Kong
CourtCourt of Appeal (Hong Kong, High Court)
Year2015
StatusBinding authority

Key Principle

A beneficial interest in a family home held in one spouse's sole name must be established by a common intention constructive trust evidenced by an express agreement or by conduct (e.g. financial contributions); marriage alone does not confer a beneficial share.

Area of Law

Land & Property

Related Cases

De Monsa Investments Ltd v Richly Bright International Ltd & Anor (2015) 18 HKCFAR 232
De Monsa Investments Ltd v Whole Win Management Fund Ltd (2013) 16 HKCFAR 419; FACV 6/2012 (decided 26 July 2013) [candidate's FACV 8/2013 and neutral citation [2013] HKCFA 70 were incorrect/unverified; correct FACV is 6 of 2012]
Leung Tsang Hung & Anor v Incorporated Owners of Kwok Wing House (2007) 10 HKCFAR 480; [2007] 4 HKLRD 654 [candidate's HKLRD page '454' corrected to 654]

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