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      Beneficial Ownership of the Family Home

      1 , 2

      University of Buckingham Press

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          Abstract

          The aim of this article is to review and critically analyse the English law relating to common intention constructive trusts in the context of the family home. In particular, it seeks to show how the English courts have addressed the question of establishing and quantifying the parties’ beneficial shares in both sole and joint ownership cases. The writers also seek to compare the English approach with the way in which such questions have been answered by the Australian courts. The primary purpose of this comparison is to consider what lessons (if any) can be learnt from the Australian model.

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          Author and article information

          Contributors
          United Kingdom
          United Kingdom
          Journal
          University of Buckingham Press
          March 31 2021
          : 151-173
          Affiliations
          [1 ]University of Greenwich
          [2 ]Aston University
          Article
          2127
          10.5750/dlj.v32i1.1920

          Distributed under the terms of the Creative Commons Attribution Noncommercial NoDerivatives License https://creativecommons.org/licenses/by-nc-nd/4.0 which permits noncommercial use and distribution in any medium, provided the original author(s) and source are credited, and the original work is not modified.

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