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Family Law

The leading authority on all aspects of family law

31 MAY 2012

BENEFICIAL OWNERSHIP: Aspden v Elvy [2012] EWHC 1387 (Ch)

(Chancery Division, HHJ Behrens, sitting as a High Court judge, 23 May 2012)


The unmarried couple disputed the beneficial ownership of a barn. The man had transferred the barn into the woman's name following their separation and she proceeded to run a business from the premises. The man claimed it was intended that he should retain a beneficial interest. Following Jones v Kernot the evidence of the woman was preferred, nothing in the man's words or conduct to infer a common intention that he should retain a beneficial interest in the barn. Declaration made that the man and woman held the barn 25%:75% respectively.

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