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Co-ownership on Family Home

Member rating: No Rating | Words: 2000 | Submitted: Sun May 04 2008

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Land law can be rigid sometimes and show an unkind hand to those deserving but are lacking in legal formality. This scenario is particularly an issue in marital breakdown cases, especially where only one spouse possesses the legal title1. Where trust deems unfounded; ingested with bitterness and emotional turmoil, having to fulfil many strict requirements can leave deserving parties sometimes losing much more than a relationship. Nevertheless, the law tries to protect the weaker party in equity but this is no easy task. Even more difficult for partners that are not legally married2 as seen in Burns v Burns3 or those defined under the Civil Partnership Act 2004, whom are not protected by any statutory provisions. Where only one party has the legal title, the other party has to establish his/her equitable interest in the land which is usually not already recorded on the land register or deed....

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