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Common intention constructive trusts and the role of imputation in theory and practice.

Hayward, A. (2016) 'Common intention constructive trusts and the role of imputation in theory and practice.', Conveyancer and property lawyer., 80 (3). pp. 233-242.

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.

Item Type:Article
Full text:(AM) Accepted Manuscript
Available under License - Creative Commons Attribution Non-commercial.
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Status:Peer-reviewed
Publisher Web site:http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=333
Publisher 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.
Date accepted:30 March 2016
Date deposited:24 May 2016
Date of first online publication:01 August 2016
Date first made open access:01 August 2017

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