The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on family property, both real and personal, the difference between legal and beneficial ownership of real property, and ownership of personal property in bank accounts. The rights arising from cohabitation are also discussed and compared to rights arising from marriage. The first question is a problem question concerning an unmarried couple who have separated, whilst the second is an essay question on property registered in joint names.
Chapter
6. Family Property
Chapter
17. Constructive trusts
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on constructive trusts, which are trusts that arise by operation of law. It identifies the variety of circumstances in which a constructive trust may arise, and discusses two important examples of constructive trusts: the vendor-purchaser constructive trust and the common intention constructive trust. More broadly, the chapter considers the role of the common intention constructive trust, equitable accounting, and the proprietary estoppel in determining interests under informal arrangements concerning family property.
Book
Ruth Gaffney-Rhys
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable and non-marriage; divorce and judicial separation; domestic abuse; family property; financial remedies and child support; parenthood and parental responsibility; children’s rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.
Chapter
12. Mixed Topic Questions
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. In real life a client is likely to require advice in relation to a number of family law issues and as a consequence, family law assessments sometimes require students to demonstrate knowledge and understanding of a variety of topics. This chapter contains five mixed problem questions that cover more than one area of family law: together they cover forced marriage; nullity; divorce; domestic abuse; legal parenthood; child maintenance; private law relating to children; the resolution of family disputes; financial remedies on divorce; and family property.