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Common intention and the family home - Towards a composite enquiry?

Common intention and the family home - Towards a composite enquiry?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2021) Common intention and the family home - Towards a composite enquiry? Family Law. ISSN 0014-7281 (In Press)

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Abstract

The article examines the recent High Court decision in Amin v Amin [2020] EWHC 2675 (Ch) which appears to have moved towards a more composite analysis in determining beneficial ownership of the family home in single ownership cases in line with the cases where the property is purchased in joint names. The emergence of a composite enquiry for determining the parties' common intention, based on a multifactorial examination of the circumstances (allowing equal weight to be placed on both financial and non-financial contributions) would, it is argued, provide a welcome development in the English law on constructive trusts in this context. It remains to be seen, however, whether the recent approach taken in Amin finds favour at appellate level.

Item Type: Article
Uncontrolled Keywords: family home, constructive trusts, common intention, single ownership, joint names, composite enquiry, non-financial contributions
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 19 Aug 2021 12:37
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/33098

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