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Essay / Research Paper Abstract
This 6 page paper looks at English law and the situation where on the breakdown of a relationship between cohabitants there is no overarching principle under which the parties' assets can be distributed. In the absence of a formal declaration of trust, two legal mechanisms assume relevance. This paper looks at the different mechanisms, those of a constructive or an inferred trust as well as the role of estopple and considers the ability of these to deal wit the distribution of assets in a fair manner. The bibliography cites 4 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEcohabi.rtf
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Unformatted sample text from the term paper:
have been treated as if they were jointly held, but in reality the splitting of assets belonging to cohabiting couples can be difficult to achieve in a fair and equable
manner where there ahs not been any formal declaration of trust. Where assets are held in one name the former partner may want to establish some type of right of
ownership or beneficial interest over the asset with either a constructive or an inferred trust. In usual circumstances ownership of any property is straightforward, it belongs to the
individual named on the register. However there are circumstances where it is deemed that one person is holding the property in trust for the other party. Cases such as Caunce
v Caunce [1969] 1 W.L.R 286, and also Kingsworth Financer Co. Ltd v Tizard [1986] 1 W.L.R 783 may be cited here (Gravells, 1999). The issue here is what rights
may be asserted by the partner who is not names as a asset owner. In order to undertake this the former parent needs to establish a legal interest in the
assets. There are three ways in which this can be considered, the first of these is a resulting trust. If the former
partner is seen to have made a contribution to the purchase of the property or assets, even if they are not named on the deeds the named owner is deemed
to be holding a share for them on trust in proportion to the level of contribution (Rippson, 1998). If this is the case then a share may be granted by
the courts. If this is not the case then we need to look at other ways in which this interest may be established. The next state may be to
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