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Imputation, Fairness and the Family Home.

Greer, Sarah and Pawlowski, M. (2015) Imputation, Fairness and the Family Home. Conveyancer and Property Lawyer., 6. pp. 512-521. ISSN 0010-8200

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Abstract

This commentary assesses the Court of Appeal ruling in Graham-York v York [2015] EWCA Civ 72 on whether a 25 per cent beneficial interest in the family home was a "fair reflection" of the claimant's contributions towards repaying the mortgage, the household expenses and raising the child of her 33-year cohabitation with her deceased partner. The writers' conclusion is that Graham-York represents a significant shift away from a holistic approach to quantification in single ownership cases. The range of relevant factors in quantifying the parties' respective beneficial shares should be deployed objectively without any obvious bias against contributions of a non-financial or purely domestic nature. Otherwise, the court is not dispensing justice to the parties.

Item Type: Article
Additional Information:

This is a pre-copyedited, author-produced version of an article accepted for publication in Conveyancer and Property Lawyer following peer review. The definitive published version is available online on Westlaw UK or from Thomson Reuters DocDel service. Please check availability with your local library or Interlibrary Requests Service.

Uncontrolled Keywords: family law, real property, case comment, beneficial interests, constructive trusts, cohabitation, family home, imputation, common intention, quantification of shares
Subjects: K Law > KD England and Wales
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Depositing User: Janet Davidson
Date Deposited: 06 Feb 2017 11:10
Last Modified: 06 Feb 2017 11:10
URI: https://eprints.worc.ac.uk/id/eprint/5296

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