Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice

Hayward, A.

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Authors

Dr Andrew Hayward a.p.hayward@durham.ac.uk
Associate Professor

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	Aug 1, 2017
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)
PDF

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.