Dr Andy Hayward a.p.hayward@durham.ac.uk
Associate Professor
Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice
Hayward, A.
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 29, 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 |
Files
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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