Thomas v Thomas

In *Thomas v Thomas*, the New South Wales Court of Appeal considered a dispute between a husband and wife concerning the matrimonial home. The wife sought to have a caveat lodged by the husband on the title to the property removed.

The central legal issue before the Court of Appeal was whether the husband had a sufficient equitable interest in the matrimonial home to justify the continued presence of his caveat. This required the court to examine the nature of the parties' contributions to the property and the understanding between them regarding ownership.

The Court of Appeal found that the husband had made significant financial contributions towards the purchase of the property and had also contributed to its upkeep and improvement. Crucially, the court determined that there was a common intention between the parties that the husband would have a beneficial interest in the property, even though the legal title was solely in the wife's name. This common intention, coupled with the husband's detrimental reliance on that understanding, gave rise to an equitable interest. The court therefore held that the husband's caveat was validly lodged and should not be removed.