The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
In England and Wales property can be held both as legal owners (in effect the person or persons (up to four) in whose name the property is in) and as beneficial owners (the true owners of the property). The legal owners hold the property on trust for the beneficial owners (who may be the same persons).
In seeking to determine the beneficial ownership of a domestic residential property, the starting point is that the beneficial ownership will reflect the legal ownership (see, generally, Stack v Dowden and Jones v Kernott) and the onus is on the party asserting a different interest to establish it. This is primarily done by asserting a common intention constructive trust: an express, implied, inferred or imputed agreement that the
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