ABSTRACT
The constructive trust framework governing cohabitation property disputes in England and Wales is structurally ill-equipped to address domestic abuse. Its reliance on inferred intention and financial contribution means that coercive and economic abuse can undermine the evidential foundations of beneficial ownership. Drawing on statutory developments and comparative insights from Australia, this article contends that the current approach in England and Wales risks entrenching inequality. It concludes that a reconceptualisation of beneficial interests is necessary if the law is to respond coherently to the realities of relationships characterised by coercion and control.
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Steph Bailey, Coercion and constructive trusts: a blind spot in equity, Trusts & Trustees. Published: 7 September 2026.
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