Land Law revision Article

CO-OWNERSHIP (FAMILY HOME)

***C can state a right to occupy residence by

(i) proving this wounderful woman has a property right (TRUST)

(ii) statutory (automatic) right to sit on for spouse/civil partner (s30 Family Legislation Act 1996), irrespective of holding a property correct  (right to occupy can be applied by simply former spouse/civil partner/cohabitant s35 FLA)

1) Express statement of legal & useful ownership

definitive but has to be in writing s53(1)(b) LPA 1925

TR1 form also okay, but not definitive

2) single legal owner

RESULTING TRUST

contribution to initial price, but not suited in domestic context (Stack v Dowden) unless two people have existed and proved helpful together that contain amounted to both an emotional & commercial marriage crystalises in point of purchase

monetary contributions happen to be presumed to provide contributor a share in BI, supposition rebutted if perhaps contribution intended to be loan or gift (father paying pay in for kid, eg) Yet since RT is limited in domestic framework, the contribution can be rather seen as evidence of inference of creation of constructive trust RT overlaps with implied CT since both may arise based on direct monetary contribution. In fact, both are mutually exclusive because interests will be quantified in various ways: RT - equal in porportion to financial contribution (-ve basis that C By intend contribution as a gift) CT - by reference to common goal of get-togethers (+ve contract between parties to share BI) domestic context - immediate financial input infer parties' common purpose for a COMPUTERTOMOGRAFIE commercial context - immediate financial advantages means RT4 CONSTRUCTIVE TRUST

The specific kind of CT applied is the PREVALENT INTENTION POSITIVE TRUST. (divided into exhibit agreement CT and inferred agreement CT) parties' contract (express/inferred) to reveal BI, as well as agreement relied on to C's detriment. BI then shared according to common objective (express/implied CT) EXPRESS -- evidence of exhibit discussion, nevertheless need not end up being...



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