Establishing beneficial interests in domestic property disputes between cohabitees: constructive trusts | Practical Law

Establishing beneficial interests in domestic property disputes between cohabitees: constructive trusts | Practical Law

This note addresses how to establish a beneficial interest in a domestic property dispute between former cohabitees. It focuses on the test to establish a beneficial interest by way of a common intention constructive trust and the factors that the court will have regard to when applying the test. It also outlines the various ways, other than constructive trust, by which a property interest can be established, including by virtue of the Law Reform (Miscellaneous Provisions) Act 1970 and proprietary estoppel. It considers the effect of an express declaration of trust and the circumstances in which such a declaration will not be conclusive of beneficial interests.

Establishing beneficial interests in domestic property disputes between cohabitees: constructive trusts

by Practical Law Family with thanks to Christopher Wagstaffe QC, 29 Bedford Row Chambers
Maintained • England, Wales
This note addresses how to establish a beneficial interest in a domestic property dispute between former cohabitees. It focuses on the test to establish a beneficial interest by way of a common intention constructive trust and the factors that the court will have regard to when applying the test. It also outlines the various ways, other than constructive trust, by which a property interest can be established, including by virtue of the Law Reform (Miscellaneous Provisions) Act 1970 and proprietary estoppel. It considers the effect of an express declaration of trust and the circumstances in which such a declaration will not be conclusive of beneficial interests.