TRUSTS OF LAND AND PROPRIETARY ESTOPPEL ... - Support

23. This approach, however, it does not enable the court to produce the result whichthe court itself considers fair 31 . As Lloyd LJ put it recently in Holman v Howes:“The court's enquiry is, therefore, for what was intended between the parties, or if thatcannot be identified directly, what they must be taken from their conduct to have intended;it is not for that which the court considers fair… The task formulated and approved is,first, to survey the whole course of dealing between the parties, and second, to take accountof all conduct which throws light on the question of what shares were intended.” 3224. Such conduct and relevant factors are likely to include 33 :(1) any advice or discussions at the time of the transfer which cast light upontheir intentions then;(2) the reasons why the home was acquired in their joint names;(3) the reasons why (if it were the case) the survivor was authorised to give areceipt for the capital moneys;(4) the purpose for which the home was acquired;(5) the nature of the parties’ relationship;(6) whether they had children for whom they both had responsibility toprovide a home;(7) how the purchase was financed, both initially and subsequently;(8) how the parties arranged their finances (whether separately or together, or abit of both);(9) how they discharged the outgoings on the property and their otherhousehold expenses;31 Stack v Dowden at Para [61]32 Paras [30]-[31]33 Stack v Dowden, Para [69] per Baroness Hale.7