TLATA

The Lesser Known ‘Acquisition Constructive Trust’ after Khan v Khan [2025] EWCA Civ 1436 and Why Financial Remedy Lawyers Need to Know About It

[2026] 1 FRJ 19. When thinking of constructive trusts, most financial remedy lawyers will have in mind the common intention constructive trust. However, this is not the only type of constructive trust. The newly christened ‘acquisition constructive trust’ is one with which to become familiar.

What’s App Doc?

What’s App Doc?

Reid-Roberts & Ors v Mei-Lin & Gudmundson [2026] EWHC 49 (Ch) has caused a media stir. The headlines are all about whether you can give your home away by a WhatsApp. However, the decision is more interesting and of wider application for financial remedy practitioners than these soundbites suggest.

Khan & Ors v Khan [2025] EWCA Civ 1436

Asplin, Nugee and Miles LJJ. The Court of Appeal dismissed the defendant’s appeal against the High Court’s findings that the claimants had beneficial interests in properties belonging to the family.

SM v BA & Anor (WD) (No 3 Amendments to Statement of Case) [2026] EWFC 9

Mr Nicholas Allen KC sitting as a s 9 deputy judge of the High Court. Beware of the consequences of very late applications to amend a statement of case.

The Absent Owner – Varying Beneficial Interests Upon Separation: an Analysis of the Leading Cases

The Absent Owner – Varying Beneficial Interests Upon Separation: an Analysis of the Leading Cases

Considering TLATA cases where A and B are joint owners of a family home, the relationship breaks down, and A vacates leaving B in occupation and financially responsible for the property, and then A returns years later seeking their share of the net equity.

National Iranian Oil Company v Retirement, Savings and Welfare Fund of Oil Industry Workers v Crescent Gas Corporation Limited [2025] EWCA Civ 211 and Its Implications for TLATA Cases

National Iranian Oil Company v Retirement, Savings and Welfare Fund of Oil Industry Workers v Crescent Gas Corporation Limited [2025] EWCA Civ 211 and Its Implications for TLATA Cases

The Court of Appeal confirms that a declaration of trust respecting land or any interest therein requires the personal signature of the settlor, not a third party on their behalf. This has implications where it is alleged a trust of land has arisen by virtue of an express declaration of trust.

TLATA and Economic Abuse

Is economic abuse relevant when determining property ownership between former cohabitants? Explicit references to economic abuse in TLATA claims may be rare, but a review of case-law shows its relevance. This article explores four scenarios in which economic abuse can be relevant in TLATA claims.