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

Hayward, A.

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
• Electronic ISSN: 0010-8200
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 80
• Issue: 3
• Pages: 233-242
• Public URL: https://durham-repository.worktribe.com/output/1381093
• Publisher URL: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=333