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Joint ownership: common intention and detriment?

Joint ownership: common intention and detriment?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) Joint ownership: common intention and detriment? Property Law Journal (397). pp. 33-39. ISSN 1461-0752

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Abstract

The article discusses whether a joint owner of a family home who seeks to rebut the presumption of equal beneficial shares must establish a common intention to alter the parties' shares and evidence of detriment supporting that common intention. It refers to Hudson v Hathway [2022] EWHC 631 (QB) which gives guidance on the court's approach to detrimental reliance and acknowledged the concept of the floating trust in the context of claims to beneficial ownership of a jointly-owned family home.

Item Type: Article
Uncontrolled Keywords: family home; joint ownership; constructive trusts; common intention; detriment; floating trust
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:
Last Modified: 26 May 2022 10:40
URI: http://gala.gre.ac.uk/id/eprint/36382

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