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Beneficial entitlement: no longer doing justice?

Authors
Publisher
Thomson Reuters (Legal) Limited
Publication Date
Keywords
  • Kd England And Wales
  • Hd Industries. Land Use. Labor
Disciplines
  • Law

Abstract

Discusses the House of Lords ruling in Stack v Dowden on the size of each legal owner's share of the equity in the family home in the event of the relationship breakdown of an unmarried couple. Considers whether the parties intended their beneficial interests to be different to their legal interests in the property. Comments on the court's primary concern of establishing, from the parties' conduct, their intention as regards beneficial ownership. Looks at whether indirect financial contributions give rise to a beneficial interest under a constructive trust and notes the relevance of the doctrine of proprietary estoppel.

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