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Imputing beneficial shares in the family home

Imputing beneficial shares in the family home

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2016) Imputing beneficial shares in the family home. Trusts & Trustees, 22 (4). pp. 377-383. ISSN 1363-1780 (Print), 1752-2110 (Online) (doi:https://doi.org/10.1093/tandt/ttv125)

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Abstract

This article seeks to address the question of whether it is possible to impute to the parties a common intention to share beneficial ownership in the family home at the initial (acquisition) stage of establishing a constructive trust in a single legal ownership case. The article examines the current English case law and argues for the acceptance of an objective approach to determining beneficial entitlement by drawing the imputation that, in the absence of evidence of a contrary intention, the parties reasonably expected to share in the assets created during their relationship.

Item Type: Article
Uncontrolled Keywords: family home, constructive trusts, beneficial shares, inference, imputation, acquisition, assessment
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 11 Aug 2017 11:53
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/15279

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