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On Land Law - Coursework Example

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Land Law By Your Name Class Name University Name Due Date PART A The Angelina and Brad, who move in and live together as husband and wife. There are several relevant issues arising in the relationship between Angelina and Brad. The first issue is that they decided to move in as husband and wife without formalizing their union…
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Coursework on Land Law
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Download file to see previous pages The required duration is usually three years and where there are children; the duration may be two years. There is a presumption of marriage between Angelina and Brad because they moved in the year 2005 and the present year is 2012. Cohabitors are not afforded the same legal status a civil marriage attracts (Jackson, 2012)1. In a civil marriage, the courts have power to divide the assets of the couple in affair way. The division of the assets should meet the needs of the separated parties and their children. In the UK, there is no recognition of claims made by a ‘common law’ wife or husband (claims arising solely as a result of the relationship). The courts cannot adjust ownership of assets belonging to separating spouses. They can only interpret intentions. The power to interpret is limited to certain classes of assets, mostly, property occupied by the couple during cohabitation. Courts cannot make orders relating to pensions of the parties. The power to interpret is also limited to certain circumstances. Secondly, they decided to move in together and have a fresh start in a new home, Aniston Villa. To acquire the desired home, Angelina contributes her private savings, ?40,000 as a deposit and the remaining purchase price, ?250,000 is provided with a mortgage from Celeb Bank. Angelina does not want the Aniston Villa to become a subject in her divorce proceedings. The property is registered in the sole name of Brad. Angelina lacks legal co-ownership in the family home. Brad decided last month that he does not want to continue the relationship. He is willing to refund Angelina the ?40,000 deposit she contributed to for acquisition of the land. Brad does not want to allow Angelina any share in the property. Generally, matrimonial home is not disputed unless the spouses are separating. The statement is true to the case of Angelina and Brad. Determination of the rights of Angelina and Brad in Anston Villa is now very important. Courts have a corrective power in determining disputes in cases of separation2. However this power cannot be exercised in favor of cohabitants. Cohabiters without a legal co-ownership in the family home, like Angelina, have to ascertain an equitable interest. A cohabiter can now claim for compensation for any economic contributions made during cohabitation. The cohabiter must prove they have incurred economic disadvantage. This covers scenarios where one party has financially contributed to acquisition of property even if the property is registered in the name of one party. The law operates to create an imputed trust of land (Thomas M., 2012-2013)3. Imputed trusts consist of resulting and constructive trusts. Where A provides consideration but the title to property vests in the sole name of B, the property is held by B on resulting trust for A to the extent of A’s contribution. The resulting trust can be rebutted by prove of contrary intention that A did not intend the property to be held on trust by B. In determining existence of a resulting trust, courts will look into the intention of the parties. An equitable interest can be established by prove of financial contribution. Financial contribution is vital in determining beneficial ownership of the family home. Constructive trusts arise by ...Download file to see next pagesRead More
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