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Informality and Entitlement to the Family Home: Estoppel or Declaration of Trust? (Part 1)

Informality and Entitlement to the Family Home: Estoppel or Declaration of Trust? (Part 1)

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2015) Informality and Entitlement to the Family Home: Estoppel or Declaration of Trust? (Part 1). Family Law (45). pp. 175-178. ISSN 0014-7281 (Print), 1742-660X (Online)

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Abstract

This, the first part of an article concerning claims to the family home by an unmarried partner, identifies reliance on propriety estoppel, a constructive trust and a declaration of trust as providing the bases for making a claim. Identifies as the challenges to establishing a proprietary estoppel claim the need for a clear and unequivocal assurance and the problem of counter-balancing benefits.

Item Type: Article
Uncontrolled Keywords: assurances, detriment, family home, proprietary estoppel, unmarried couples, declaration of trust, informality
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities > Law & Criminology Research Group
Last Modified: 14 Dec 2016 10:51
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/13131

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