Common intention constructive trusts and the role of imputation in theory and practice.

Discusses the Court of Appeal judgment in Barnes v Phillips on whether, in the absence of evidence of a cohabiting couple's common intention to vary their beneficial ownership of the family home, it was open to the judge to impute that intention. Assesses whether an 85/15 division was plainly wrong in the light of: (1) the claimant's instigation of a remortgage; (2) his stopping mortgage repayments; and (3) his child maintenance contributions