p. 2297. Acquisition of Interests in the Home
- Martin GeorgeMartin GeorgeProfessor of Land Law, City, University of London
- and Antonia LayardAntonia LayardTutor and Fellow in Law, St. Anne's College; Professor of Law, University of Oxford
Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety for courts, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, recent case law on trusts of the family home and the nature of inference and imputation under a constructive trust, and reform of the law on co-ownership.