Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2007) Joint ownership and beneficial entitlement: Stack v Dowden. Family Law, 37 (July). 606 - 610. ISSN 0014-7281

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Abstract

Explores the issue of the share of beneficial entitlement to the family home where the legal title is jointly owned, but where there has not been an express declaration of a beneficial joint tenancy. Discusses the House of Lords judgment in Stack v Dowden which addressed this point. Explains how the judges moved the focus away from the court imposing its own sense of fairness on the parties or imputing an intention based on the circumstances to one where the concentration will be on the parties' relevant conduct. Outlines three other points of interest referred to in the judgment: (1) whether an indirect financial contribution could support a constructive trust; (2) whether proprietary estoppel and common intention constructive trusts should be assimilated; and (3) whether a mortgage liability is equivalent to a financial contribution.

Item Type:	Article
Uncontrolled Keywords:	beneficial ownership, constructive trusts, contributions, family law, family property, joint tenancies, proprietary, estoppel
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 14:09
URI:	http://gala.gre.ac.uk/id/eprint/1390

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