Abstract

http://ssrn.com/abstract=2220350
 
 

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Keeping Up with the Jones Case: Establishing Constructive Trusts in ‘Sole Legal Owner’ Scenarios


Brian Sloan


University of Cambridge - Robinson College, Cambridge; University of Cambridge - Faculty of Law

February 10, 2013

Legal Studies (Forthcoming)
University of Cambridge Faculty of Law Research Paper No. 7/2013

Abstract:     
This paper considers the influence of the Supreme Court decision in Jones v Kernott on subsequent cases. It focuses on situations with which Jones was not directly concerned, namely where there is only one legal owner of a home and a non-legal-owning cohabitant seeks to establish that he has an equitable interest in it under a common intention constructive trust. The paper argues that while judges have mostly accepted that Jones is relevant to such sole-owner cases, they have had few opportunities (and taken fewer) to move beyond the restrictive approach of Lloyds Bank v Rosset and allow novel outcomes in the light of Jones as yet. It is contended that this state of affairs could ultimately produce a conservative approach that is undesirable for cohabitants who make indirect or non-financial contributions to shared lives and remain without statutory property and financial provision on relationship breakdown.

Note: The paper has been removed in accordance with the journal's policy and is available at the Journal website.

Keywords: Jones, Cohabitants, Kernott, Trusts, Family Homes, Judicial Reasoning, Homemaking, Domestic Relationships, Family Property

JEL Classification: K11, K36

Accepted Paper Series


Not Available For Download

Date posted: February 19, 2013 ; Last revised: May 1, 2014

Suggested Citation

Sloan, Brian, Keeping Up with the Jones Case: Establishing Constructive Trusts in ‘Sole Legal Owner’ Scenarios (February 10, 2013). Legal Studies (Forthcoming); Legal Studies (Forthcoming); University of Cambridge Faculty of Law Research Paper No. 7/2013. Available at SSRN: http://ssrn.com/abstract=2220350 or http://dx.doi.org/10.2139/ssrn.2220350

Contact Information

Brian Sloan (Contact Author)
University of Cambridge - Robinson College, Cambridge ( email )
Grange Road
Cambridge, CB3 9AN
United Kingdom
HOME PAGE: http://www.robinson.cam.ac.uk/academic/fellowdetailsfull.php?personid=266
University of Cambridge - Faculty of Law ( email )
10 West Road
Cambridge, CB3 9DZ
United Kingdom
HOME PAGE: http://www.law.cam.ac.uk/people/academic/bd-sloan/409

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