Beneficial ownership and detriment
Pawlowski, Mark (2008) Beneficial ownership and detriment. Solicitors Journal, 152 (22). pp. 16-17. ISSN 0038-1047Full text not available from this repository.
Considers the factors which contribute to a court finding that a cohabitee has a beneficial interest in property, in particular the detriment which is required to establish a constructive trust, with reference to the Chancery Division decision in Levi v Levi and previous case law. Outlines the provisions on express or inferred common intention. Considers whether a loan of money from the non-owning to the owning cohabitant, made at a lower level than commercial loans, towards the purchase the property was sufficient detriment to entitle her to proceeds of sale from the property.
|Uncontrolled Keywords:||beneficial ownership, constructive trusts, detriment, express terms, personal loans, proceeds of sale|
|Subjects:||K Law > K Law (General)|
|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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