Speaker: Jo Miles (University of Cambridge)
Title: 'Family Property: Dealing with the F-Word'
Location: Moot Court Room, Faculty of Law
In the absence of any formally discrete English “family property law” or even “matrimonial property law”, it has fallen to the courts under the matrimonial jurisdiction (in case of divorce or other matrimonial proceedings) and trusts law (in all other instances) to deal with the property of family members. In both of those jurisdictions, the concept of “fairness” – and party intentions – have roles to play. But while the matrimonial jurisdiction’s conception of “fairness” is relatively well-developed by case law (and the place of intention clearly limited), judges applying the law of common intention constructive trusts have a very long way to go to identify any clear basis for the normative judgements that they make in those cases in quantifying the parties’ interests in the former family home. And of course before we even reach that stage of a trusts case, the parties’ intentions regarding their respective interests have a central role – but the basis on which they can properly be identified and given any effect under an implied trust is also disputed.
The work in progress seminars are open to all LLM and PhD students, Faculty members and Faculty visitors.
For more information about the activities of the Cambridge Private Law Centre, see the website or contact privatelaw@law.cam.ac.uk.
