Jones v Kernott [2011] UKSC 53

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Abstract:

This paper examines the Supreme Court decision in Jones v Kernott and its subsequent impact on Trust Law and beneficial interests in the family home. It considers the extent to which a dual regime currently exists between sole and joint legal owners, particularly in the context of cohabiting couples, and examines the extent to which the courts are now able to impute an intention in common intent constructive trusts.

Keywords: cohabitation; common intention; constructive trusts; family home; joint ownership

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/09649069.2012.753735

Affiliations: School of Law, University of Exeter,

Publication date: December 1, 2012

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