Postscript to Beneficial ownership of the family home—where now the resulting trust?

2017 ◽  
Vol 23 (8) ◽  
pp. 858-858
Author(s):  
Mark Pawlowski
Keyword(s):  
The Family ◽  
Beneficial Ownership ◽  
Family Home

12. Interests in the Home: The Acquisition Question

2021 ◽  
pp. 435-480
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Contentious Issue ◽  
The Family ◽  
Beneficial Ownership ◽  
The Common ◽  
Family Home ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

16. Interests in the home:

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Contentious Issue ◽  
The Family ◽  
Beneficial Ownership ◽  
The Common ◽  
Family Home ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. is joint and equal beneficial ownership. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

scholarly journals CONSTRUCTIVE TRUSTS AND THE HOMEMAKER

2012 ◽  
Vol 22 (1) ◽  
pp. 35-49
Author(s):  
Sarah Greer ◽  
Mark Pawlowski
Keyword(s):  
The Family ◽  
Beneficial Ownership ◽  
Joint Ownership ◽  
Family Home ◽  
The Way

To what extent, following the decisions in Stack v Dowden and Abbott v Abbott, may a claimant acquire beneficial ownership in the family home under a constructive trust relying purely on domestic contributions as homemaker?  The writers examine this question against the background of single and joint ownership cases and suggest that, in the light of recent judicial pronouncements, the criteria for establishing a common intention constructive trust enunciated by Lord Bridge in Lloyds Bank plc v Rosset may have been eroded so as to allow for a much broader inquiry of the claimant’s contributions to support a constructive trust.  In particular, it is submitted that this may allow the English courts to consider the same factors for both establishing and quantifying the claimant’s interest in the property which, in turn, may pave the way for a closer assimilation between single and joint ownership cases in this field.

12. Interests in the Home: The Acquisition Question

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Contentious Issue ◽  
The Family ◽  
Beneficial Ownership ◽  
The Common ◽  
Family Home ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

scholarly journals Beneficial Ownership of the Family Home

2021 ◽  
Vol 32 (1) ◽  
pp. 151-173
Author(s):  
Mark Pawlowski ◽  
James Brown
Keyword(s):  
The Family ◽  
Beneficial Ownership ◽  
Joint Ownership ◽  
Family Home ◽  
English Law ◽  
The Way

The aim of this article is to review and critically analyse the English law relating to common intention constructive trusts in the context of the family home. In particular, it seeks to show how the English courts have addressed the question of establishing and quantifying the parties’ beneficial shares in both sole and joint ownership cases. The writers also seek to compare the English approach with the way in which such questions have been answered by the Australian courts. The primary purpose of this comparison is to consider what lessons (if any) can be learnt from the Australian model.

Comparing family property disputes in English and Singapore law: ‘context is everything’

Legal Studies ◽  
2021 ◽  
pp. 1-19
Author(s):  
Man Yip
Keyword(s):  
Family Relationships ◽  
Fair Division ◽  
Judicial System ◽  
Legal Rules ◽  
Human Interactions ◽  
The Family ◽  
Beneficial Ownership ◽  
Family Home ◽  
English Law

Abstract This paper examines why Singapore law has not followed English law in the area of beneficial ownership of family property. It points out that the landmark cases in the two jurisdictions are underpinned by different family paradigms.The English landmark cases are based on the unmarried cohabitants paradigm and the legal rules that have emerged from these cases are aimed at, whether successfully or not, ensuring a fair division of the family home upon the breakdown of these relationships. In contrast, the Singapore seminal judgments are underlaid by contests between children over their parents’ property which raised questions as to the parties’ true intentions and the legal techniques to determine that. In the main, this paper argues that the legal rules that emerge in a society are shaped by the conditions of that society: these rules are purpose-built to resolve the specific types of disputes that come through the judicial system, which are in turn moulded by the distinctive conditions of that society. The discussion also shows that whilst the courts in the two jurisdictions differ in the legal techniques which they apply to determine these disputes, they do not appear to differ greatly in their understanding of human interactions and complex family relationships.

Individual and Family Correlates of Community Living Options Among Adults With Intellectual and Developmental Disabilities

Inclusion ◽  
2017 ◽  
Vol 5 (4) ◽  
pp. 279-292 ◽  
Author(s):  
Meghan M. Burke ◽  
Chung eun Lee ◽  
Moon Y. Chung ◽  
Kristina Rios ◽  
Catherine K. Arnold ◽  
...  
Keyword(s):  
Developmental Disabilities ◽  
Independent Living ◽  
Group Homes ◽  
Community Living ◽  
Intellectual And Developmental Disabilities ◽  
Functional Abilities ◽  
Future Planning ◽  
Adults With Disabilities ◽  
The Family ◽  
Family Home

Abstract With recent policy changes and case-law decisions, there are more opportunities for adults with intellectual and developmental disabilities (IDD) to live independently in inclusive settings. It is necessary to identify malleable correlates of community living options to develop interventions to increase inclusive, independent living. To this end, 546 parents and siblings of adults with IDD responded to a national survey. According to parent and sibling report, adults with IDD were more likely to live outside of the family home when the family engaged in future planning, the individual had more informal supports and more functional abilities and had parents with fewer caregiving abilities. Among the 187 adults with IDD who lived outside of the family home, individuals with more problem behaviors and fewer functional abilities were more likely to live in larger group homes (versus independently with or without supports). Further, when the family engaged in more future planning activities, adults with disabilities were more likely to live in a group home (versus independently). When parents had fewer caregiving abilities, adults with disabilities were more likely to live in bigger group homes (versus independently). Implications for policymakers, practitioners, and research are discussed.

scholarly journals The Image of the Family and Family Home in Małgorzata Musierowicz’s Series of Novels, and the Stereotype of the Family in Contemporary Polish Society

2021 ◽  
Author(s):  
Joanna Senderska ◽  
Iwona Mityk ◽  
Ewa Piotrowska-Oberda
Keyword(s):  
Social Consciousness ◽  
Traditional Family ◽  
Patriarchal Family ◽  
Family Model ◽  
The Family ◽  
Language Data ◽  
Polish Society ◽  
Family Home ◽  
The One ◽  
Over 40 Years

AbstractThe article discusses the image of the family and the family home in a series of novels for young people by the popular Polish writer Małgorzata Musierowicz in the context of literary conventions and stereotypes about the family in contemporary Polish society. The novels, which cover a period of over 40 years, generally fit contemporary Polish realities; however, the didactic function of the novels results in the author creating an idealized image of the Polish intellectual family, filling the readers with optimism. The picture created by the writer, on the one hand, fits perfectly into the stereotype of the family, which is one of the values highly esteemed by Poles. On the other hand, it adapts to the conventions of novels for girls. In this article, the stereotype of the family is reconstructed on the basis of language data and surveys. We present the meanings and contexts of family as a noun and family as an adjective. We also present the results of our survey, the aim of which was to determine an essence of a stereotypical family and how the traditional family model is comprehended by respondents coming from various groups. We also present the respondents’ attitude to the patriarchal family model and the division of roles into male and female. In our opinion, the correspondence between the family picture created in the novels and the image of the family operating in social consciousness is the reason for the popularity of the series.

scholarly journals Keith Stewartson, 20 September 1925 - 7 May 1983

1985 ◽  
Vol 31 ◽  
pp. 545-569
Keyword(s):  
Secondary School ◽  
Academic Career ◽  
Mechanics Of Fluids ◽  
School Certificate ◽  
The Family ◽  
Family Home

Keith Stewartson, one of the most mathematically profound of this century’s great applied mathematicians active in the mechanics of fluids, was brought up in Billingham, County Durham , where his father was a master baker. Keith was the youngest of three children, two boys and a girl, but his sister died very young and he was not subsequently able to remember her. Later on, an eminent academic career was nearly smothered at its inception when the eleven-plus examiners failed Keith Stewartson. Fortunately, however, they put him on a reserve list, from which he was in the end selected for entry to Stockton Secondary School. After a brilliant performance in the School Certificate Keith was encouraged to enter only a year later, in 1942, for the Higher School Certificate. Immediately after his extremely distinguished examination achievement leading to a State Scholarship and Kitchener Memorial Scholarship to St Catharine’s College, Cambridge, the family home received a direct hit from a German bomb. Happily, however, the Stewartsons escaped owing to their air-raid shelter’s robust construction.

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