Wills & Trusts Law Reports | Spring 2023 #190After Jayne Hathaway (JH) and Lee Hudson (LH) started a relationship in 1990, JH moved into LH’s home and became a joint owner. They had two sons together but did not marry. After selling their home, they bought another in joint names. In 2007 they sold that home and, with a mortgage, bought Picnic House in joint names. The mortgage payments were made from a joint bank account, into which the salaries of them both were paid. LH’s contributions towards the mortgage payments far exceeded those of JH.
In 2009, LH left JH and moved in with another woman, whom he later married. JH cont...
Mark Pawlowski provides an update on whether detriment is a necessary requirement in joint ownership cases involving the family home The deal was sufficient to establish the common intention and the common intention was sufficient to establish the constructive trust. There has been considerable debate as to whether a claimant seeking to establish an enlarged …
Continue reading "Joint ownership: Common intention and detriment"
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