Co-owners and severance - determining beneficial entitlement after Stack

Mark Pawlowski, James Brown

Research output: Contribution to journalArticle

Abstract

The article seeks to examine the effect of a severance of a joint beneficial title following the House of Lords' ruling in Stack v Dowden [2007] 2 AC 432. If, under Stack, the parties' beneficial interests fall to be treated as identical to their legal interests (in effect, giving rise to a joint tenancy both at law and in equity), how does the mechanism of severance of a joint beneficial tenancy actually operate so as to give rise to separate and unequal shares where the parties' common intention has changed by virtue of post-acquisition events? The question is examined by reference to an ambulatory and new constructive trust, as well as where the parties have entered into an express declaration of trust of their beneficial interests.
Original languageEnglish
Pages (from-to)172-178
Number of pages7
JournalTrusts Law International
Volume27
Issue number4
Publication statusPublished - 2013

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Keywords

  • co-owners
  • co-ownership
  • severance
  • declaration of trust
  • constructive trust
  • joint tenancy
  • beneficial interests

Cite this

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Co-owners and severance - determining beneficial entitlement after Stack. / Pawlowski, Mark; Brown, James.

In: Trusts Law International, Vol. 27, No. 4, 2013, p. 172-178.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Co-owners and severance - determining beneficial entitlement after Stack

AU - Pawlowski, Mark

AU - Brown, James

PY - 2013

Y1 - 2013

N2 - The article seeks to examine the effect of a severance of a joint beneficial title following the House of Lords' ruling in Stack v Dowden [2007] 2 AC 432. If, under Stack, the parties' beneficial interests fall to be treated as identical to their legal interests (in effect, giving rise to a joint tenancy both at law and in equity), how does the mechanism of severance of a joint beneficial tenancy actually operate so as to give rise to separate and unequal shares where the parties' common intention has changed by virtue of post-acquisition events? The question is examined by reference to an ambulatory and new constructive trust, as well as where the parties have entered into an express declaration of trust of their beneficial interests.

AB - The article seeks to examine the effect of a severance of a joint beneficial title following the House of Lords' ruling in Stack v Dowden [2007] 2 AC 432. If, under Stack, the parties' beneficial interests fall to be treated as identical to their legal interests (in effect, giving rise to a joint tenancy both at law and in equity), how does the mechanism of severance of a joint beneficial tenancy actually operate so as to give rise to separate and unequal shares where the parties' common intention has changed by virtue of post-acquisition events? The question is examined by reference to an ambulatory and new constructive trust, as well as where the parties have entered into an express declaration of trust of their beneficial interests.

KW - co-owners

KW - co-ownership

KW - severance

KW - declaration of trust

KW - constructive trust

KW - joint tenancy

KW - beneficial interests

M3 - Article

VL - 27

SP - 172

EP - 178

JO - Trusts Law International

JF - Trusts Law International

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