Chapter 14

Trusts of the Family Home

 

 

 

Chapter Contents

The Typical Scenario

The Leading Case Today: Lloyds Bank v Rosset

Quantification of the Equitable Interest

Summary

Points to Review

Useful Things to Read

This chapter concerns equity’s treatment of the family home and when one party may claim that they are entitled to a share in that home because they are the beneficiary of a trust even though they do not also own the legal estate. This is a modern application of the law of trusts. This chapter therefore builds upon your knowledge of resulting and constructive trusts, which are discussed in Chapter 3. You are advised to re-read Chapter 3 if you are unfamiliar with such trusts before progressing to the rest of this chapter.

As You ...

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