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Beneficial ownership and detriment

By: Language: English Series: Solicitors' Journal ; 152(22), 3 June 2008, 16-17(2)Publication details: 2008Subject(s): Summary: Discusses what could constitute a basis for beneficial interest in a property for a non-cohabitee partner when this property is exclusively owned by the other partner. Examines, through case law, different actions which could be positive or prevent basis for beneficial share. Reports that the detriment needs not be substantial if the claimant relies upon an express common intention. Shows that a loan made at a very low price could constitute detriment for this purpose. On the other hand, detriment must include a financial outlay.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L144729 (Browse shelf(Opens below)) 1 Available 144729-1001

Discusses what could constitute a basis for beneficial interest in a property for a non-cohabitee partner when this property is exclusively owned by the other partner. Examines, through case law, different actions which could be positive or prevent basis for beneficial share. Reports that the detriment needs not be substantial if the claimant relies upon an express common intention. Shows that a loan made at a very low price could constitute detriment for this purpose. On the other hand, detriment must include a financial outlay.