Pawlowski, Mark ORCID: https://orcid.org/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
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:	Publisher
Last Modified:	01 Nov 2021 00:11
URI:	http://gala.gre.ac.uk/id/eprint/11715

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