True intentions

Pawlowski, Mark (2010) True intentions. Property Law Journal, 247. pp. 22-24. ISSN 1461-0752

Abstract

Discusses the two-stage approach to determining equitable ownership of family homes. Examines the position on: (1) single ownership, highlighting the Court of Appeal decision in Morris v Morris on whether a former daughter-in law had any beneficial interest in a farm under a common intention constructive trust, where she had worked unpaid in the family farming business and ran a riding business from the premises; and (2) joint ownership, referring to the Chancery Division ruling in Jones v Kernott concerning the percentage beneficial interests in a property, purchased in joint names by an unmarried couple after the man had left and the woman thereafter meeting payments.

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