Family homes Flashcards
What are some key contexts affecting co-ownership of property?
Relationship breakdown, death, dealings with property, insolvency, and state intervention (e.g., criminal confiscation orders).
Which case exemplifies state intervention impacting co-ownership rights through criminal confiscation orders?
R v Thayaparan [2019] EWCA Crim 247.
( considers whether the presumption that the legal owner of two properties was also the beneficial owner had been rebutted.)
What legal act outlines the court’s powers in property adjustment during a divorce?
The Matrimonial Causes Act 1973, specifically sections 24 and 25.
How does the Civil Partnership Act 2004 relate to property disputes in relationships?
It provides similar provisions to the Matrimonial Causes Act 1973, emphasising the court’s considerations in property adjustments during separations.
(Affords redistribution of assets)
In equity, how is co-ownership determined between joint tenancy and tenancy in common?
Equity follows the law unless proven otherwise, with the presumption rebuttable by showing a different common intention or arrangement.
What triggers considerations under family law statutes and common law for the division and inheritance of property?
Relationship breakdown and death.
How do legal frameworks address property management or transfer affected by an owner’s financial status?
Through specific statutes that detail the management, transfer, and effects of insolvency on property.
What factors does the court consider under the Matrimonial Causes Act 1973 for property adjustment?
Each party’s financial resources, needs, and contributions to the family’s welfare, among other considerations.
How can co-ownership equity be distinguished or altered?
Through demonstrating a different common intention or arrangement, often evidenced through financial contributions or agreements.
What prevents an express declaration of trust binding?
An express declaration of trust, as seen in Goodman v Gallant [1986], is binding unless there are grounds such as fraud or mistake.
How can proprietary estoppel affect express declarations of trust?
Proprietary estoppel can modify express declarations of trust by recognising the rights of parties based on their contributions or assurances given.
What is the impact of failing to make express declarations of trust?
The lack of clear documentation often leads to disputes, emphasising the importance for conveyancers to record how beneficial interests are held.
How can severance of joint tenancy in equity be achieved?
Through written notice, unilateral actions, mutual agreement, or a course of dealings indicative of an intention to treat the property as tenancy in common.
What are key cases that provide frameworks for determining ownership shares in trusts of the family home?
Stack v Dowden [2007] and Jones v Kernott [2011] provide frameworks based on inferred or imputed common intentions.
What does the Law Commission propose regarding cohabitation law reform?
The Law Commission’s proposals highlight the need for legal recognition and protection of cohabitants’ financial interests post-relationship breakdown.
-emphasising the gap in current legal protections for non-marital relationships.
