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Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice

Hayward, A.

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Authors



Abstract

Discusses the Court of Appeal judgment in Barnes v Phillips on whether, in the absence of evidence of a cohabiting couple's common intention to vary their beneficial ownership of the family home, it was open to the judge to impute that intention. Assesses whether an 85/15 division was plainly wrong in the light of: (1) the claimant's instigation of a remortgage; (2) his stopping mortgage repayments; and (3) his child maintenance contributions.

Citation

Hayward, A. (2016). Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice. Conveyancer and Property Lawyer, 80(3), 233-242

Journal Article Type Article
Acceptance Date Mar 30, 2016
Online Publication Date Aug 1, 2016
Publication Date Aug 1, 2016
Deposit Date May 24, 2016
Publicly Available Date Mar 28, 2024
Journal Conveyancer and Property Lawyer
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 80
Issue 3
Pages 233-242
Publisher URL http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=333

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Accepted Journal Article (233 Kb)
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Publisher Licence URL
http://creativecommons.org/licenses/by-nc/4.0/

Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in Conveyancer and Property Lawyer following peer review. The definitive published version Hayward, A. (2016) 'Common intention constructive trusts and the role of imputation in theory and practice.', Conveyancer and property lawyer., 80 (3): 233-242 is available online on Westlaw UK or from Thomson Reuters DocDel service.





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