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True intentions

True intentions

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2010) True intentions. Family Law Journal, 94. pp. 17-19. ISSN 1472-4944

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Discusses, with case law illustration, the determination of the equitable ownership of the family home where the property is held in the sole name of one party or joint names in the case of cohabitants. Considers the two stage approach stemming from the Lloyds Bank Plc v Rosset case: (1) finding evidence to establish a common intention to share; and (2) assessing the extent of that share. Explains how the Privy Council decision in Abbott v Abbott has suggested a more flexible way to establish a common intention constructive trust, moving from a two stage test to one composite enquiry into all the dealings of the parties in relation to the property.

Item Type: Article
Additional Information: [1] Cases cited: Stack v Dowden [2007] UKHL 17; [2007] 2 A.C. 432 (HL) - Jones v Kernott [2009] EWHC 1713 (Ch); [2010] 1 All E.R. 947 (Ch D) - Abbott v Abbott [2007] UKPC 53; [2008] 1 F.L.R. 1451 (PC (Ant)) - Lloyds Bank Plc v Rosset [1991] 1 A.C. 107 (HL).
Uncontrolled Keywords: beneficial interests, constructive trusts, family home, intention, unmarried couples
Subjects: K Law > K Law (General)
K Law > KD England and Wales
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: 14 Oct 2016 09:09

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