TOLATA 1996: Making allowances

Rayden Solicitors | Family Law Journal | April 2020 #195
Lehna Gardiner and Greg Williams consider equitable accounting and in particular the circumstances in which an occupation rent may be payable and how it will be calculated ‘Where one party is excluded from the enjoyment of the property, it is likely that a claim to an occupation rent will arise in principle.’ Socrates is reputed …

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Cohabitation: Fair shares in the family home?

University of Greenwich | Property Law Journal | October 2019 #375
Mark Pawlowski highlights some far-reaching implications arising out of the case law on beneficial ownership ‘The size of the parties’ respective shares upon acquisition will be determined according to the terms of their express trust regardless of their actual contributions to the purchase of the property.’ Let us begin with the following example. Suppose Mr …

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