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
JournalTrust Law International
Volume27
Issue number4
Publication statusPublished - 2013

Keywords

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

Fingerprint Dive into the research topics of 'Co-owners and severance - determining beneficial entitlement after Stack'. Together they form a unique fingerprint.

  • Cite this