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Constructive trusts and the homemaker

Constructive trusts and the homemaker

Greer, Sarah and Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2010) Constructive trusts and the homemaker. The Denning Law Journal, 22 (1). pp. 35-49. ISSN 0269-1922

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To what extent, following the decisions in Stack v Dowden and Abbott v Abbott, may a claimant acquire beneficial ownership in the family home under a constructive trust relying purely on domestic contributions as homemaker? The writers examine this question against the background of single and joint ownership cases and suggest that, in the light of recent judicial pronouncements, the criteria for establishing a common intention constructive trust enunciated by Lord Bridge in Lloyds Bank plc v Rosset may have been eroded so as to allow for a much broader inquiry of the claimant's contributions to support a constructive trust. In particular, it is submitted that this may allow the English courts to consider the same factors for both establishing and quantifying the claimant's interest in the property which, in turn, may pave the way for a closer assimilation between single and joint ownership cases in this field.

Item Type: Article
Uncontrolled Keywords: constructive trusts, equitable interests, beneficial ownership
Subjects: K Law > K Law (General)
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 09:11
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None

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