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. Download PDF (228Kb) |
| 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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