Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2012) Imputed intention and joint ownership - a return to common sense: Jones vs Kernott. Conveyancer and Property Lawyer, 76 (2). pp. 149-158. ISSN 0010-8200

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Abstract

This case note examines the High Court, Court of Appeal and Supreme Court rulings in Jones v Kernott[2011] UKSC 53. Apart from critically identifying the various issues raised at all these levels, the commentary argues for a single composite enquiry into determining beneficial entitlement of the family home (in both single and joint ownership cases)focusing on the parties' shared common intentions by reference to an examination of all the relevant circumstances. Such an approach, it is argued, would subsume not only all aspects of the threshold (or acquisition) question including the issue of detriment, but also resolve the question of quantification because the same list of specific factors used to address entitlement would also dictate the extent of the beneficial shares.

Item Type:	Article
Additional Information:	[1] This article is a Case Comment.
Uncontrolled Keywords:	beneficial interests,co-ownership, fairness, family home, imputation intention, relationship breakdown, unmarried couples, constructive trusts, joint ownership, common intention
Subjects:	K Law > KD England and Wales
Pre-2014 Departments:	School of Humanities & Social Sciences
Related URLs:	Publisher Organisation
Last Modified:	14 Oct 2016 09:21
URI:	http://gala.gre.ac.uk/id/eprint/8493

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