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Calculating a variation in beneficial shares after Stack

Calculating a variation in beneficial shares after Stack

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2015) Calculating a variation in beneficial shares after Stack. Trust Law International, 28 (1). pp. 18-26. ISSN 0962-2624

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Abstract

The article examines the way in which the courts seek to calculate the parties' respective beneficial shares in the joint family home when events post-acquisition give rise to a claim by one of the parties to an enlarged share in the property under Stack principles. A number of approaches to calcualtion are discussed: (1) the holistic approach; (2) crystallising a party's beneficial interest when he/she leaves the home; (3) when property is purchased as an investment; and (4) when one party makes substantial improvements to the property post-acquisition. The article also discusses the extent to which equitable accounting plays a part in this process.

Item Type: Article
Uncontrolled Keywords: beneficial shares, constructive trusts, joint ownership,equitable accounting, improvements to property, investment property
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences > Law & Criminology Research Group
Related URLs:
Last Modified: 16 Oct 2019 09:41
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/11715

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