What constitutes detriment for the purpose of supporting a common intention constructive trust, asks Professor Mark Pawlowski

The principles under which a non-owning cohabitee may acquire a beneficial interest in property which is in the sole legal ownership of their partner are well-rehearsed in the landmark cases of Lloyds Bank Plc v Rosset [1991] 1 AC 107 and Oxley v Hiscock [2004] EWCA Civ 546. The recent House of Lords’ ruling in Stack v Dowden [2007] UKHL 17 has also sought to clarify the relevant principles to be applied in assessing beneficial entitlement in the context of a family home which has been purchased in the joint names of the parties where one joint owner is seeking to establish that they own more than a joint beneficial interest.

Although much of the case law has focused on the issue of assessment of the parties’ beneficial owners...

Jean Yves

IICJ

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