3. Family Property and Finances

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
Employment Status ◽  
Family Members ◽  
Law Reform ◽  
Property Law ◽  
The Family ◽  
Family Finances ◽  
Family Home ◽  
Ownership Of Land ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first considers the current housing and employment status of different families and family members. It then discusses different family property systems; ascertaining ownership of land and other property, with particular reference to trusts in relation to the family home; family property law reform; rights in relation to the family home and its contents; and family finances.

5. Property Division on the Breakdown of Non-Matrimonial Relationships

Family Law ◽  
2018 ◽  
Author(s):  
Warren Barr
Keyword(s):  
Family Members ◽  
Law Reform ◽  
The Family ◽  
Living Together ◽  
Family Home ◽  
The Law ◽  
The Many ◽  
Practical Impact

The family home is the key property asset that most family members will own in their lifetimes. However, many people living together in a home do not give any real thought to whether the property is owned between them, or what would happen if they separated. This chapter explores the reasons why cohabitants do not often think through their entitlements to the property, and why the law has been slow to provide redress to them. It considers the rules applicable to the application of trusts and proprietary estoppel to aid cohabitants, as well as critiques them. It also examines the practical impact of the remedies provided by outlining what happens when property is to be sold. Finally, it considers the many attempts at law reform and why they have, to date, failed to reach the statute books.

12. Interests in the Home: The Acquisition Question

2021 ◽  
pp. 435-480
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Contentious Issue ◽  
The Family ◽  
Beneficial Ownership ◽  
The Common ◽  
Family Home ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

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.

6. Financial Remedies on Divorce

Family Law ◽  
2019 ◽  
pp. 364-460
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Family Members ◽  
Economic Data ◽  
Private Ordering ◽  
Family Economy ◽  
The Family ◽  
Impact On Family ◽  
Relationship Breakdown ◽  
Clean Break ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on financial remedies on divorce. After outlining key socio-economic data about the family economy and its impact on family members (especially parents) on relationship breakdown, it discusses financial remedies on divorce; the principles governing the grant of those and exercise of the statutory discretion; the clean-break principle; private ordering; and reform.

16. Interests in the home:

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Contentious Issue ◽  
The Family ◽  
Beneficial Ownership ◽  
The Common ◽  
Family Home ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. is joint and equal beneficial ownership. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.

scholarly journals Constructive trusts over the family home: lessons to be learned from other commonwealth jurisdictions?

Legal Studies ◽  
1998 ◽  
Vol 18 (3) ◽  
pp. 369-390 ◽  
Author(s):  
Simone Wong
Keyword(s):  
Property Rights ◽  
Third Party ◽  
Property Law ◽  
The Family ◽  
Family Home ◽  
Ownership Rights ◽  
The Relationship ◽  
Determine Property

Ownership of the family home is usually not disputed until either the relationship between the spouses or cohabitants breakdown or there is a competing claim over the property by a third party. In such circumstances, determination of ownership rights becomes imperative. The Matrimonial Causes Act 1973 gives the courts adjustive powers to deal with disputes between spouses on the breakdown of the marriage. Notwithstanding this, there may be circumstances where it will be necessary or desirable to determine property rights between spouses. Furthermore, the adjustive powers of the courts are not applicable to cohabitants. Thus, in the absence of legal co-ownership in the family home, cohabitants and spouses who cannot rely on the 1973 Act will have to establish an equitable interest in the property. The analyses relied on are primarily based on property law and trusts principles and, more particularly, imputed trusts and proprietary estoppel. Under trusts principles, imputed trusts are usually taken to refer to resulting and constructive trusts.

3. Protection from domestic violence and occupation of the family home

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Civil Law ◽  
Family Members ◽  
Protective Orders ◽  
The Family ◽  
Family Home

This chapter considers the civil law remedies which are designed to protect a victim from domestic violence. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter also discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

The upward transmission of civic ‘virtues’

2020 ◽  
pp. 159-176
Author(s):  
Esther Muddiman ◽  
Sally Power ◽  
Chris Taylor
Keyword(s):  
Family Members ◽  
Learning Experiences ◽  
Gender And Sexuality ◽  
Interview Data ◽  
Environmental Concerns ◽  
The Family ◽  
Civic Virtues ◽  
Family Home ◽  
The One

This chapter explores the significance of younger generations in changing their parents' and grandparents' perspectives, moving beyond common conceptualisations of the one-directional sharing of values and practices from older to younger generations. Drawing on the interview data, it focuses on the synergistic learning experiences described by parents and grandparents. The chapter looks at how conversations with younger generations can prompt reflection on deeply held values and attitudes, and can contribute to a shift in perspectives. Most notably, it details how the rising prominence of environmental concerns has been brought to the attention of older family members, and how environmentalism is brought into the family home via knowledges and practices learnt by younger family members in the classroom. The chapter also considers how discussions with children and grandchildren present an opportunity for parents and grandparents to 'update' their perspectives on gender and sexuality.

5. Property disputes when non-formalised relationships breakdown

2020 ◽  
pp. 287-352
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Property Law ◽  
General Application ◽  
The Family ◽  
Family Finances ◽  
Financial Consequences ◽  
The Law ◽  
Relationship Breakdown

This chapter explores how the family finances are dealt with following the breakup between cohabitants in non-formal relationships. In particular, it considers property law disputes between cohabitants on relationship breakdown and the application of the law of trusts to determine the resolution of such disputes. As these are principles of general application which have not been designed specifically to deal with the financial consequences of relationship breakdown between cohabitants, the chapter highlights how they are generally regarded as inadequate to resolve family property disputes, producing unfair outcomes in certain situations.

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