Concept of unconscionable conduct

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Reference no: EM133678981

In circumstances in which a relationship has ended, but the parties did not share a common intention regarding beneficial ownership of their assets, including land, the courts might use a constructive trust to redistribute assets. In determining how any proprietary interests should be apportioned, the court will be most guided by:

a. Evidence that would allow the court to impute that, had the parties turned their minds to it, they would have intended to share their property interests equally.

b. General notions of fairness and justice, which are relevant to the concept of unconscionable conduct.

c. Evidence that the parties pooled their resources for mutual security and benefit.

d. Evidence of non-financial contributions, including domestic labour and caring responsibilities, by one of the parties.

Reference no: EM133678981

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