4. The Family Home

2021 ◽  
pp. 107-144
Author(s):  
N V Lowe ◽  
G Douglas ◽  
E Hitchings ◽  
R Taylor
Keyword(s):  
The Family ◽  
Cohabiting Couples ◽  
Family Home

This chapter discusses the legal treatment of the family home. It considers the rules governing ownership and the application of the concepts of resulting and constructive trusts and proprietary estoppel to determining entitlement to and shares in the property. It then discusses occupation of the family home, statutory home rights and other forms of protected occupation. It concludes with a discussion of reform proposals including the introduction of a discretionary remedial regime for cohabiting couples.

6. Interests in the Family Home

Land Law ◽  
2020 ◽  
pp. 226-272
Author(s):  
Chris Bevan
Keyword(s):  
Sense Of Self ◽  
Family Members ◽  
Sense Of Security ◽  
The Family ◽  
Cohabiting Couples ◽  
Family Home ◽  
The Law ◽  
Trust Of Land

For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through operation of the law of implied trusts: constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that gives courts jurisdiction to declare and adjust property interests. In this situation, the courts turn to the law of trusts to determine rights in the home, as this chapter explores.

23. Cohabitation and Finance

2018 ◽  
pp. 227-236
Author(s):  
Jane Sendall
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
Legal Remedies ◽  
The Family ◽  
Cohabiting Couples ◽  
Legal Position ◽  
The Common ◽  
Family Home

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law. This chapter discusses the legal position of cohabitants; the legal remedies available to separating cohabitants; and the position of cohabitants in relation to the family home.

6. Interests in the Family Home

Land Law ◽  
2018 ◽  
Author(s):  
Chris Bevan
Keyword(s):  
Sense Of Self ◽  
Family Members ◽  
Sense Of Security ◽  
The Family ◽  
Cohabiting Couples ◽  
Family Home ◽  
Trust Of Land

For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that give courts jurisdiction to declare and adjust property interests.

23. Cohabitation and Finance

2018 ◽  
Author(s):  
Jane Sendall
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
Legal Remedies ◽  
The Family ◽  
Cohabiting Couples ◽  
Legal Position ◽  
The Common ◽  
Family Home

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law. This chapter discusses the legal position of cohabitants; the legal remedies available to separating cohabitants; and the position of cohabitants in relation to the family home.

9. Co-ownership 1: Acquisition of Interests in the Home

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Case Law ◽  
Intimate Relationship ◽  
Legal Issues ◽  
The Family ◽  
Cohabiting Couples ◽  
Joint Ownership ◽  
Family Home ◽  
The Law ◽  
Ownership Of Land ◽  
Law Commission

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, reform of the law on co-ownership, and proposed legislation by the Law Commission.

23. Cohabitation and Finance

2019 ◽  
pp. 227-236
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
Legal Remedies ◽  
The Family ◽  
Cohabiting Couples ◽  
Legal Position ◽  
The Common ◽  
Family Home ◽  
The Law ◽  
Law Commission

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law, despite many believing that it does. This chapter discusses the legal position of cohabitants and financial remedies. This includes the Law Commission Proposals in order to try and allow cohabitants to gain some financial relief in certain circumstances. The legal remedies available to separating cohabitants including establishing legal title and a beneficial interest, is outlined. This also includes resulting and constructive trusts. Finally, the position of cohabitants in relation to the family home and Trusts of Land and Appointment of Trustees Act is discussed.

23. Cohabitation and Finance

Family Law ◽  
2020 ◽  
pp. 227-236
Author(s):  
Roiya Hodgson
Keyword(s):  
Common Law ◽  
Legal Rights ◽  
Legal Remedies ◽  
The Family ◽  
Cohabiting Couples ◽  
Legal Position ◽  
The Common ◽  
Family Home ◽  
The Law ◽  
Law Commission

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law, despite many believing that it does. This chapter discusses the legal position of cohabitants and financial remedies. This includes the Law Commission Proposals in order to try and allow cohabitants to gain some financial relief in certain circumstances. The legal remedies available to separating cohabitants including establishing legal title and a beneficial interest, is outlined. This also includes resulting and constructive trusts. Finally, the position of cohabitants in relation to the family home and Trusts of Land and Appointment of Trustees Act is discussed.

8. Acquisition of Interests in the Home

2019 ◽  
pp. 240-287
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Case Law ◽  
Intimate Relationship ◽  
Legal Issues ◽  
The Family ◽  
Cohabiting Couples ◽  
Joint Ownership ◽  
Family Home ◽  
The Creation ◽  
The Law ◽  
Ownership Of Land

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, and reform of the law on co-ownership.

17. Trusts of the family home

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Legal Status ◽  
Wide Range ◽  
The Family ◽  
Cohabiting Couples ◽  
Complete Series ◽  
Explanatory Text ◽  
Family Home ◽  
The Difference ◽  
Primary Materials ◽  
Trust Of Land

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Cohabiting couples could save themselves considerable legal trouble and expense if they make a written declaration of trust when acquiring a home to live in, but most do not. This chapter discusses the following: that cohabitation gives no special legal status; that a trust of land must be in writing; and that resulting and constructive trusts are an exception to the writing requirement. It also looks at the difference between the two categories of trust in Lloyds Bank v Rosset and the difference between the claim to an equitable interest in the property and the quantification of that interest as explained in Stack v Dowden.

Individual and Family Correlates of Community Living Options Among Adults With Intellectual and Developmental Disabilities

Inclusion ◽  
2017 ◽  
Vol 5 (4) ◽  
pp. 279-292 ◽  
Author(s):  
Meghan M. Burke ◽  
Chung eun Lee ◽  
Moon Y. Chung ◽  
Kristina Rios ◽  
Catherine K. Arnold ◽  
...  
Keyword(s):  
Developmental Disabilities ◽  
Independent Living ◽  
Group Homes ◽  
Community Living ◽  
Intellectual And Developmental Disabilities ◽  
Functional Abilities ◽  
Future Planning ◽  
Adults With Disabilities ◽  
The Family ◽  
Family Home

Abstract With recent policy changes and case-law decisions, there are more opportunities for adults with intellectual and developmental disabilities (IDD) to live independently in inclusive settings. It is necessary to identify malleable correlates of community living options to develop interventions to increase inclusive, independent living. To this end, 546 parents and siblings of adults with IDD responded to a national survey. According to parent and sibling report, adults with IDD were more likely to live outside of the family home when the family engaged in future planning, the individual had more informal supports and more functional abilities and had parents with fewer caregiving abilities. Among the 187 adults with IDD who lived outside of the family home, individuals with more problem behaviors and fewer functional abilities were more likely to live in larger group homes (versus independently with or without supports). Further, when the family engaged in more future planning activities, adults with disabilities were more likely to live in a group home (versus independently). When parents had fewer caregiving abilities, adults with disabilities were more likely to live in bigger group homes (versus independently). Implications for policymakers, practitioners, and research are discussed.

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