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Bromley's Family Law

Bromley's Family Law (12th edn)

Nigel Lowe, Gillian Douglas, Emma Hitchings, and Rachel Taylor
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date: 06 October 2022

4. The Family Homelocked

4. The Family Homelocked

  • N V Lowe, N V LoweEmeritus Professor of Law at Cardiff University
  • G Douglas, G DouglasProfessor of Law at King’s College London
  • E HitchingsE HitchingsProfessor in Family Law at University of Bristol
  •  and R TaylorR TaylorAssociate Professor of Law at University of Oxford and Fellow in Law at Exeter College, Oxford

Abstract

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.

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