What does Inheritance (Provisions for Family Dependants) Act 1975 say?
If you lived in same house for 2 years as a cohab, can make claim against deceased estate. Can apply for financial provisions.
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What does Domestic Violence and Matrimonial Proceedings Act 1976 say?
Offered protection for cohabs against domestic violence.
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What does Family Law Act 1996 say?
S30 - matrimonial home rights as married couple even if not legal owner - n/a for cohabs.
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What is constructive trust and case for it?
Lloyds Bank v Rosset - where there is a common intention to share and the person had acted in reliance to their detriment
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What is a resulting trust ?
Direct contribution to the purchase price which is put in sole name of other P's. Possible to rebut this presumption.
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What does Eves establish?
Majority of COA inferred agreement that Mrs Eves would constitute labour to a house in which she had a beneficial interest - inferred common intention.
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What did Lloyds Bank v Rosset establish?
'extremely doubtful whether common intention could be from anything less than direct contribution to PP. S v D - improvements = give rise to interest.
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What is proprietary estoppel?
C show: D promised the C interest in property? C relied on promise to this detriment? would be unconscionable to deny C relief?
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What did Burns establish?
Common intention is vital to be able to claim beneficial interest.
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What does s15 and Sch 1 CA 1989 say?
Parents can apply, other parent pays, court can order income/lump sum/ property transfer/ settlement orders for the benefit of the child.
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Are cohab fathers still liable for child support?
Yes under Child Support Act 1991 - still have to pay for child support. Based on existence of parenthood rather than preexisting relationship.
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What does court consider when making orders under s15 & Sch 1 CA 1989?
All circumstances inc needs, resouces, child's disability, child's education
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What did F v G establish?
Application for maintenance is applicable for the child not directly for the parent.
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What are Stack v Dowden factors?
presumption only rebutted if evidence that the Ps shared intention to hold property in unequal shared..whole course of dealings/ P's relationship/ purchase initially/ subsequent/ finances/ household expenses
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What are Jones v Kernott factors?
1. house in joint names? 2. committed relationship? 3. P's jointly arranged their finances? consider have regard to whole course of dealings.
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What does Thompson v Hurst establish?
external forces stop putting property into joint names?
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What did Oxley v Hiscock establish?
Necessary to look at whole history of financial dealings when deciding quantification of shares.
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What did Cooke establish?
Direct financial contribution not sole factor - can look at subsequent ones.
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What does s14 Trust of Land and Appointment Act 1996 say?
Court can vary the nature or extent of persons interest in the property - make a declaration as to what ownership.
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What did Re P establish?
starting point for maintenance - home/ lump sum/ budget for carer recognising the responsibility and sacrifice of parents.
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Other cards in this set
Card 2
Front
What does Domestic Violence and Matrimonial Proceedings Act 1976 say?
Back
Offered protection for cohabs against domestic violence.
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