Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2007) Beneficial entitlement: no longer doing justice? Conveyancer and Property Lawyer, July/A. pp. 354-364. ISSN 0010-8200

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Abstract

Discusses the House of Lords ruling in Stack v Dowden on the size of each legal owner's share of the equity in the family home in the event of the relationship breakdown of an unmarried couple. Considers whether the parties intended their beneficial interests to be different to their legal interests in the property. Comments on the court's primary concern of establishing, from the parties' conduct, their intention as regards beneficial ownership. Looks at whether indirect financial contributions give rise to a beneficial interest under a constructive trust and notes the relevance of the doctrine of proprietary estoppel.

Item Type:	Article
Uncontrolled Keywords:	Beneficial interests; Co-ownership; Constructive trusts; family home, intention, proprietary estoppel, relationship breakdown, unmarried couples,
Subjects:	K Law > KD England and Wales H Social Sciences > HD Industries. Land use. Labor
Pre-2014 Departments:	School of Humanities & Social Sciences School of Humanities & Social Sciences > Department of Law & Criminology School of Humanities & Social Sciences > Law & Criminology Research Group
Related URLs:	Organisation Publisher
Last Modified:	02 Oct 2019 14:04
URI:	http://gala.gre.ac.uk/id/eprint/1383

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