A common intention constructive trust may arise where a party contributes financially to the broader costs of acquiring property (not limited to the purchase price), even where the contribution is insufficient to found a resulting trust. The common intention need not extend to the quantum of the beneficial interest; it is sufficient that the parties intend the claimant have 'some form of proprietary interest'. Where the quantum is unspecified and an equal share would be disproportionate, the court may determine the share by reference to the proportion of the claimant's contribution to the total cost of acquisition.
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