Calculating a variation in beneficial shares after Stack
Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2015) Calculating a variation in beneficial shares after Stack. Trust Law International, 28 (1). pp. 18-26. ISSN 0962-2624
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Abstract
The article examines the way in which the courts seek to calculate the parties' respective beneficial shares in the joint family home when events post-acquisition give rise to a claim by one of the parties to an enlarged share in the property under Stack principles. A number of approaches to calcualtion are discussed: (1) the holistic approach; (2) crystallising a party's beneficial interest when he/she leaves the home; (3) when property is purchased as an investment; and (4) when one party makes substantial improvements to the property post-acquisition. The article also discusses the extent to which equitable accounting plays a part in this process.
Item Type: | Article |
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Uncontrolled Keywords: | beneficial shares, constructive trusts, joint ownership,equitable accounting, improvements to property, investment property |
Subjects: | K Law > K Law (General) |
Faculty / School / Research Centre / Research Group: | Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC) Faculty of Liberal Arts & Sciences > Crime, Law & (In)Security Research Group (CLS) |
Related URLs: | |
Last Modified: | 01 Nov 2021 00:11 |
URI: | http://gala.gre.ac.uk/id/eprint/11715 |
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