Palm tree justice
Series: Farm Tax Brief ; 19(7) August/September 2004, 7-8(2)Publication details: 2004Subject(s): Summary: Discusses the case, "Oxley v Hiscock" ([2004] EWCA Civ 546, Abs 67871) where the property had been conveyed in the name of Oxley but with financial contribution from Hiscock on the understanding that he would acquire an interest in the property. Considers the approach the court took on the question of the extent of the share Mrs Oxley was entitled to when the relationship broke up and the house sold. The court took the discretionary family law approach as opposed to the more rigid property law approach. Concludes that property lawyers need to ensure that there was clear evidence of discussions showing it was the parties intention to share the ownership of the property and what was the size of the shares.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68275 (Browse shelf(Opens below)) | 1 | Available | 127151-1001 |
Discusses the case, "Oxley v Hiscock" ([2004] EWCA Civ 546, Abs 67871) where the property had been conveyed in the name of Oxley but with financial contribution from Hiscock on the understanding that he would acquire an interest in the property. Considers the approach the court took on the question of the extent of the share Mrs Oxley was entitled to when the relationship broke up and the house sold. The court took the discretionary family law approach as opposed to the more rigid property law approach. Concludes that property lawyers need to ensure that there was clear evidence of discussions showing it was the parties intention to share the ownership of the property and what was the size of the shares.