Exam 7: Interests in the Family Home; and Constructive Trusts

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On what basis did the Supreme Court in Jones v Kernott [2012] 1 AC 776 find that Mr Kernott was entitled to only a 10% share in the Thundersley home that had been purchased in joint names with Mrs Kernott in 1985?

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C

Constructive trusts are often employed to prevent someone benefitting from a crime. Which of the following is not a situation in which a trust will be implied

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C

Which of the following is not a situation in which a constructive trust may be employed?

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C

Which of the following statements is false in relation to nature of constructive trusts?

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What does it mean, following Jones v Kernott [2012] 1 AC 776, that the courts can now impute an intention a common intention to share the family home?

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English law has yet to fully embrace the concept of a remedial constructive trust. Which of the following statements best explains why this might be so?

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Which of the following statements is false in relation to intervention of equity in the family home and the devices it employs?

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Sindy and Ken are legal joint tenants of their home, but have not declared the nature or extent of their beneficial entitlements to the home. The property was purchased in 2008 through a 100% mortgage loan, and both Sindy and Ken paid the deposit equally. Throughout their time in the home, the couple kept separate bank accounts and paid the bills separately. The majority of the household bills were paid by Sindy, and in the last two years, Sindy has paid all outgoings on the property as Ken was unemployed. Ken and Sindy have now separated, citing irreconcilable differences, and both wish to sell the property. Sindy wishes to know the likely extent of her entitlement to the proceeds of sale

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If you had to advise an unmarried couple how best to protect their claims to their shared home, which of the following actions would you suggest they take?

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Which of the following statements best describes the requirements for the Pallant v Morgan equity?

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