Skip navigation

Imputing beneficial shares in the family home

Imputing beneficial shares in the family home

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2016) Imputing beneficial shares in the family home. Trusts & Trustees, 22 (4). pp. 377-383. ISSN 1363-1780 (Print), 1752-2110 (Online) (doi:https://doi.org/10.1093/tandt/ttv125)

[img] PDF (Publisher PDF)
15279_Pawlowski_Imputing beneficial shares (pub PDF) 2016.pdf - Published Version
Restricted to Repository staff only

Download (82kB)

Abstract

This article seeks to address the question of whether it is possible to impute to the parties a common intention to share beneficial ownership in the family home at the initial (acquisition) stage of establishing a constructive trust in a single legal ownership case. The article examines the current English case law and argues for the acceptance of an objective approach to determining beneficial entitlement by drawing the imputation that, in the absence of evidence of a contrary intention, the parties reasonably expected to share in the assets created during their relationship.

Item Type: Article
Uncontrolled Keywords: family home, constructive trusts, beneficial shares, inference, imputation, acquisition, assessment
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 11 Aug 2017 11:53
URI: http://gala.gre.ac.uk/id/eprint/15279

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics