ABSTRACT

Although the Matrimonial Causes Act 1973 covers financial relief after divorce and spouses' duty to maintain each other during the marriage, there is still a role for general property law in regulating property ownership between individuals who are in a familial relationship. This chapter provides a checklist for students to help them to understand and apply the rules for various property disputes. These include the following: legal ownership of land is established by conveyance; beneficial ownership can be established by either express or implied trust; and a resulting trust requires a direct contribution to the purchase price and that the presumption of advancement has been abolished by the Equality Act 2010. The chapter also presents three points for debates, a question on an arrangement under the MCA 1973, the answer to this question and the application of the law.