What is a beneficial interest in property?

Do you know of any case law by chance..?

Ta

Why do you need case law? to be quite honest its best left for legal professionals, lay people tend to bend it to match what they think it means rather than the conclusions actually drawn.

If you want some bed time reading google TOLATA sections 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996.

Thanks..yes i have already ploughed through TOLATA and read the various relevant cases. I am impartial,just trying to help a friend who is being lined up for a shafting but cannot afford big bucks for SOs and Barristers.

I'm a bit confused about Beneficial Interest in property.
My stbx wife and I were joint beneficial owners in the FMH. This is a short, second marriage and we have no children. We had both contributed equally to the purchase of the property and we own it outright with no mortgage. I severed the JB ownership by letter to her in September and told her I wished for the property to be held as Tenants in common in 50/50 shares. She refused to countersign the letter and three days later told me she wanted a divorce.(Obviously things were already pretty dire between us and this was a defining moment)
I received her petition for Unreasonable Behaviour three weeks later.
What do I do now? I have been told that the change from Joint Beneficial to Tenants in Common is unilateral- do I simply go ahead and inform the Land Registry?
I am no longer living in the FMH and have moved into alternative accomodation.

Your married so i would not worry too much about beneficial interest its more important to those who lived together but were not married.

The first job is to register a marital home rights notice with land registry to prevent sale of the property.

Your entitlement after a short and childless marriage will be equal to your investment and then you would share any profit or debt form the marriage.

When married section 25 of the 1973 marital causes act is the law you need to be looking at.

can you expand upon "common intention" ?

Common intention is what it says on the tin, it is anything that would show that two people planned to make a home together, telling friends and family, picking out furnishings, it covers a multitude of possibility`s.