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Informality and Entitlement to the Family Home: Estoppel or Declaration of Trust? (Part 2)

Informality and Entitlement to the Family Home: Estoppel or Declaration of Trust? (Part 2)

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2015) Informality and Entitlement to the Family Home: Estoppel or Declaration of Trust? (Part 2). Family Law, 45. pp. 294-297. ISSN 0014-7281 (Print), 1742-660X (Online)

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Abstract

This, the second part of a two-part article concerning claims to the family home by an unmarried partner, looks at the use of informal declarations of trust to acquire a share in the family home. Considers what evidence is required to prove a beneficial interest including a clear intention to create a trust by way of conduct or verbal reassurance. Looks at when an unenforceable declaration of trust relating to land can become enforceable by way of a constructive trust where one party has acted to his/her detriment in reliance on the unenforceable declaration.

Item Type: Article
Uncontrolled Keywords: constructive trusts, declarations of trust, formality, family home
Subjects: K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 14 Dec 2016 10:51
URI: http://gala.gre.ac.uk/id/eprint/13215

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