Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2012) Fair shares. Family Law Journal (116). pp. 21-24. ISSN 1472-4944

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Abstract

Discusses case law on the approach to identifying a cohabiting couple's beneficial share in the family home where the home is purchased jointly but the parties have not made an express declaration as to their beneficial interests. Comments on whether the parties' unequal contributions at the time of the purchase has any effect on the presumption of equality in joint ownership cases. Considers whether the presumption of equality or an express declaration as to beneficial interests can be readjusted by reference to fairness where there is a later change of circumstances, such as monies spent by one party on improving the house.

Item Type:	Article
Uncontrolled Keywords:	joint ownership, family home, beneficial shares, presumption of equality, declaration of trust, construcive trust, resulting trust
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Pre-2014 Departments:	School of Humanities & Social Sciences
Related URLs:	Publisher Organisation
Last Modified:	14 Oct 2016 09:20
URI:	http://gala.gre.ac.uk/id/eprint/8175

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