TOLATA 1996: A holistic approach

University of Greenwich | Family Law Journal | May 2020 #196
Mark Pawlowski looks at how the courts calculate the parties’ beneficial shares when events post-acquisition give rise to a claim to an enlarged share in the jointly owned family home ‘The courts take a holistic approach to the question of the assessment of the parties’ respective shares, so that, although financial contributions play an important …

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Cohabitation: Fair shares in the family home?

University of Greenwich | Property Law Journal | October 2019 #375
Mark Pawlowski highlights some far-reaching implications arising out of the case law on beneficial ownership ‘The size of the parties’ respective shares upon acquisition will be determined according to the terms of their express trust regardless of their actual contributions to the purchase of the property.’ Let us begin with the following example. Suppose Mr …

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