A detrimental decision on ownership of the family home?
Journal of Social Welfare and Family Law
Informa UK Limited
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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
In Hudson v Hathway  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  UKHL 17 and Jones v Kernott  UKSC 53. The decision, however, will excite considerable doctrinal controversy.
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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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