Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) Joint ownership: common intention and detriment? Property Law Journal (397). pp. 33-39. ISSN 1461-0752

Preview

PDF (AAM) 36382_PAWLOWSKI_Joint_ownership.pdf - Accepted Version Download (126kB) | Preview

Abstract

The article discusses whether a joint owner of a family home who seeks to rebut the presumption of equal beneficial shares must establish a common intention to alter the parties' shares and evidence of detriment supporting that common intention. It refers to Hudson v Hathway [2022] EWHC 631 (QB) which gives guidance on the court's approach to detrimental reliance and acknowledged the concept of the floating trust in the context of claims to beneficial ownership of a jointly-owned family home.

Item Type:	Article
Uncontrolled Keywords:	family home; joint ownership; constructive trusts; common intention; detriment; floating trust
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:	Publisher
Last Modified:	15 Feb 2023 09:24
URI:	http://gala.gre.ac.uk/id/eprint/36382

Actions (login required)

View Item

Downloads