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Fair shares in the family home?

Fair shares in the family home?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2019) Fair shares in the family home? Property Law Journal (375). pp. 18-21. ISSN 1461-0752

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The article highlights some far reaching implications arising out of the case law on beneficial ownership in joint ownership cases. It examines the presumption of equality under Stack v Dowden [2007] 2 AC 437 in the context of subsequent improvements to the property and, where the parties have entered into a formal declaration of trust, how the parties will be able to rely on the apparent conclusiveness of their equitable shares as declared under the terms of their express trust in the absence of some vitiating factor permitting a party to rescind or rectify the trust.

Item Type: Article
Uncontrolled Keywords: beneficial shares, joint ownership, presumption of equality, improvements, declaration of trust, financial outlay, change of circumstances, constructive trust, proprietary estoppel
Subjects: K Law > K Law (General)
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 08 Oct 2019 12:19

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