Beneficial entitlement: no longer doing justice?
Pawlowski, Mark (2007) Beneficial entitlement: no longer doing justice? Conveyancer and Property Lawyer, July/August. pp. 354-364. ISSN 0010-8200Full text not available from this repository.
Discusses the House of Lords ruling in Stack v Dowden on the size of each legal owner's share of the equity in the family home in the event of the relationship breakdown of an unmarried couple. Considers whether the parties intended their beneficial interests to be different to their legal interests in the property. Comments on the court's primary concern of establishing, from the parties' conduct, their intention as regards beneficial ownership. Looks at whether indirect financial contributions give rise to a beneficial interest under a constructive trust and notes the relevance of the doctrine of proprietary estoppel.
|Uncontrolled Keywords:||Beneficial interests; Co-ownership; Constructive trusts; family home, intention, proprietary estoppel, relationship breakdown, unmarried couples,|
|Subjects:||K Law > KD England and Wales|
H Social Sciences > HD Industries. Land use. Labor
|School / Department / Research Groups:||School of Humanities & Social Sciences > Law & Criminology Research Group|
School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
|Last Modified:||31 Mar 2011 18:20|
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