Mark Pawlowski looks at how the courts calculate the parties’ beneficial shares when events post-acquisition give rise to a claim to an enlarged share in the jointly owned family home
Mark Pawlowski examines recent case law on resulting trusts, the presumption of advancement and joint borrowing under a mortgage
Naveed Ali outlines the development of the constructive trust principle to aid cohabitees
Mark Pawlowski examines the continuing role of the resulting trust in the context of investment and family property
Richard Adams clarifies the current position on beneficial ownership in the event of relationship breakdown
Chris Bryden and Jyoti Wood analyse the Privy Council decision in Marr v Collie and the significance of a commercial aspect to a personal relationship
The appellant (Jaci) and the respondent (Sunil) were sister and brother-in-law respectively. This case related to the beneficial ownership of a property which Sunil had identified as a business opportunity (for Sunil to run as a B&B). Due to Sunil’s poor credit rating, the property was purchased in Jaci’s name via a mortgage, also in her name...