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Declarations of Trust in the Family Home

Declarations of Trust in the Family Home

Pawlowski, Mark ORCID logoORCID: https://orcid.org/0000-0002-5473-5809 (2013) Declarations of Trust in the Family Home. Property Law Journal (145). pp. 4-6. ISSN 1461-0752

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Abstract

This article discusses the Court of Appeal judgment in Pankhania v Chandegra on whether an express declaration of trust setting out the beneficial interests in a house excluded the possibility of interests based on contributions or improvements under a constructive trust. The artile reviews other cases on constructive trusts, judicial advice to conveyancers that co-owners should make express declarations of trust,and whether it is better for co-owners' interests to be based on equity at the end of the relationship, or for certainty about ownership to exist from the outset.

Item Type: Article
Uncontrolled Keywords: declaration of trust, co-ownership, beneficial interests, constructive trusts, real property, equity
Subjects: K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences
Last Modified: 14 Oct 2016 09:24
URI: http://gala.gre.ac.uk/id/eprint/9798

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