A detrimental decision on ownership of the family home?
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Authors
Publication Date
2022Journal Title
Journal of Social Welfare and Family Law
ISSN
0964-9069
Publisher
Informa UK Limited
Type
Article
This Version
AM
Metadata
Show full item recordCitation
Sloan, B. (2022). A detrimental decision on ownership of the family home?. Journal of Social Welfare and Family Law https://doi.org/10.1080/09649069.2022.2102767
Abstract
In Hudson v Hathway [2022] EWHC 631 (QB), Kerr J potentially made it easier for a cohabiting partner to claim a share greater than 50% in a jointly owned home. He held that in joint names cases where there is no express declaration of trust but there is (at least) an express agreement about beneficial ownership such a partner need not prove that she acted to her detriment in reliance on a common intention to alter the initial presumption of joint beneficial ownership recognised by Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53. The decision, however, will excite considerable doctrinal controversy.
Embargo Lift Date
2023-08-22
Identifiers
External DOI: https://doi.org/10.1080/09649069.2022.2102767
This record's URL: https://www.repository.cam.ac.uk/handle/1810/336796
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