Land Law revision

Topics: Property, Ownership, Property law Pages: 4 (1106 words) Published: December 24, 2013
CO-OWNERSHIP (FAMILY HOME)

***C can claim a right to occupy home by
(i) proving she has a property right (TRUST)
(ii) statutory (automatic) right to occupy for spouse/civil partner (s30 Family Law Act 1996), irrespective of holding a property right  (right to occupy can be applied by former spouse/civil partner/cohabitant s35 FLA)

1) Express declaration of legal & beneficial ownership
conclusive but must be in writing s53(1)(b) LPA 1925
TR1 form also okay, but not conclusive
2) sole legal owner
RESULTING TRUST
contribution to initial purchase price, but not suitable in domestic context (Stack v Dowden) unless 2 people have lived and worked together that have amounted to both an emotional & commercial relationship crystalises at point of purchase

financial contributions are presumed to give contributor a share in BI, presumption rebutted if contribution intended to be loan or gift (father paying deposit for son, eg) But since RT is limited in domestic context, the contribution can be instead seen as evidence of inference of creation of constructive trust RT overlaps with implied CT because both may arise on the basis of direct financial contribution. But in fact, both are mutually exclusive because interests are quantified in different ways: RT - in proportion to financial contribution (-ve basis that C X intend contribution as a gift) CT - by reference to common intention of parties (+ve agreement between parties to share BI) domestic context - direct financial contributions infer parties' common intention for a CT commercial context - direct financial contributions means RT4 CONSTRUCTIVE TRUST

The specific type of CT used is the COMMON INTENTION CONSTRUCTIVE TRUST. (divided into express agreement CT and inferred agreement CT) parties' agreement (express/inferred) to share BI, plus agreement relied on to C's detriment. BI then shared according to common intention (express/implied CT) EXPRESS - evidence of express discussion, but need not be...
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