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Imputation, Fairness and the Family Home

Imputation, Fairness and the Family Home

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Greer, Sarah (2015) Imputation, Fairness and the Family Home. Conveyancer and Property Lawyer (6). pp. 512-521. ISSN 0010-8200

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Abstract

This commentary assesses the Court of Appeal ruling in Graham-York v York [2015] EWCA Civ 72 on whether a 25 per cent beneficial interest in the family home was a "fair reflection" of the claimant's contributions towards repaying the mortgage, the household expenses and raising the child of her 33-year cohabitation with her deceased partner. The writers' conclusion is that Graham-York represents a significant shift away from a holistic approach to quantification in single ownership cases. The range of relevant factors in quantifying the parties' respective beneficial shares should be deployed objectively without any obvious bias against contributions of a non-financial or purely domestic nature. Otherwise, the court is not dispensing justice to the parties.

Item Type: Article
Uncontrolled Keywords: beneficial interests, constructive trusts, cohabitation, family home, imputation, common intention, quantification of shares
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities > Law & Criminology Research Group
Last Modified: 07 Aug 2018 10:46
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
URI: http://gala.gre.ac.uk/id/eprint/14160

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