True intentions

Discusses, with case law illustration, the determination of the equitable ownership of the family home where the property is held in the sole name of one party or joint names in the case of cohabitants. Considers the two stage approach stemming from the Lloyds Bank Plc v Rosset case: (1) finding evidence to establish a common intention to share; and (2) assessing the extent of that share. Explains how the Privy Council decision in Abbott v Abbott has suggested a more flexible way to establish a common intention constructive trust, moving from a two stage test to one composite enquiry into all the dealings of the parties in relation to the property