Chapter

Co-ownership 1: Acquisition of Interests in the Home

Mark P. Thompson and Martin George

in Thompson's Modern Land Law

Sixth edition

Published on behalf of © Mark P. Thompson & Martin George 2017

Published in print July 2017 | ISBN: 9780198722830
Published online September 2017 | e-ISBN: 9780191797811 | DOI: https://dx.doi.org/10.1093/he/9780198722830.003.0009
Co-ownership 1: Acquisition of Interests in the Home

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Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, reform of the law on co-ownership, and proposed legislation by the Law Commission.

Keywords: co-ownership; acquisition of interests; land; matrimonial home; matrimonial property; express declarations; legal title; trust; Law Commission; England

Chapter.  32582 words. 

Subjects: Land Law

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