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A detrimental decision on ownership of the family home?

Accepted version
Peer-reviewed

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Article

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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.

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Keywords

4804 Law In Context, 4807 Public Law, 44 Human Society, 48 Law and Legal Studies, 4410 Sociology

Journal Title

Journal of Social Welfare and Family Law

Conference Name

Journal ISSN

0964-9069
1469-9621

Volume Title

Publisher

Informa UK Limited