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Ownership of the family home - what role the resulting trust?

Ownership of the family home - what role the resulting trust?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) Ownership of the family home - what role the resulting trust? Family Law, 52. pp. 803-807. ISSN 0014-7281

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The presumption of equality in joint ownership cases is based on the premise that the parties make a deliberate choice to put the family home into joint names with a clear and informed understanding of the legal consequences of doing so. The reality, however, may be very different in so far as the parties may not always be given proper legal advice before embarking on a joint purchase of the home. The result, it is suggested, may operate unfairly on the party who has contributed significantly more to the purchase price at the time of acquisition. This potential unfairness may be compounded if the other party subsequently pays for an improvement to the property which enlarges his/her share substantially beyond the joint share notionally ascribed to the parties on joint acquisition. In terms of the continuing role of the resulting trust, this now plays a limited function where there is a commercial context to the purchase of the home, or where there is a lack of close relationship between the parties. It will also continue to be relevant in the context of single ownership cases where the only relevant contributions are those made by either (or both) parties at the time of acquisition.

Item Type: Article
Uncontrolled Keywords: family home; joint names; equitable ownership; presumption of equality; constructive trusts; resulting trusts; investment context; close relationship
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: 30 Jun 2022 13:37

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