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Beneficial ownership and detriment

Beneficial ownership and detriment

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2008) Beneficial ownership and detriment. Solicitors Journal, 152 (22). pp. 16-17. ISSN 0038-1047

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Considers the factors which contribute to a court finding that a cohabitee has a beneficial interest in property, in particular the detriment which is required to establish a constructive trust, with reference to the Chancery Division decision in Levi v Levi and previous case law. Outlines the provisions on express or inferred common intention. Considers whether a loan of money from the non-owning to the owning cohabitant, made at a lower level than commercial loans, towards the purchase the property was sufficient detriment to entitle her to proceeds of sale from the property.

Item Type: Article
Uncontrolled Keywords: beneficial ownership, constructive trusts, detriment, express terms, personal loans, proceeds of sale
Subjects: K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
School of Humanities & Social Sciences > Law & Criminology Research Group
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Last Modified: 02 Oct 2019 14:25

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