- Preface
- Table of Statutes
- Table of Cases
- 1. Introduction
- 2. Formation of Marriage and Civil Partnership
- 3. Determining the Validity of a Marriage or Civil Partnership
- 4. The Personal and Property Consequences of Marriage and Civil Partnership
- 5. The Family Home
- 6. Domestic Violence and Abuse
- 7. Divorce and Dissolution
- 8. Parents and Guardians
- 9. The Legal Position of Children
- 10. What is Parental Responsibility?
- 11. Who Has Parental Responsibility?
- 12. The Welfare Principle
- 13. The Voice of the Child
- 14. The Court’s Powers to Make Orders Under Part II of the Children Act 1989
- 15. Children and Local Authorities
- 16. Children and Local Authorities
- 17. Children and Local Authorities
- 18. Children and Local Authorities
- 19. Adoption and Special Guardianship
- 20. The High Court’s Inherent Powers in Respect of Children
- 21. Financial Obligations to Members of the Family
- 22. Financial Remedies on Divorce, Dissolution, Nullity and Separation
- 23. Financial Remedies
- 24. Cohabitation
- 25. Inheritance and Intestacy
- 26. International Aspects of Child Law
- Index
(p. 122) 5. The Family Home
- Chapter:
- (p. 122) 5. The Family Home
- Author(s):
N V Lowe
and G Douglas
- DOI:
- 10.1093/he/9780199580408.003.0005
This chapter addresses two distinct but interrelated problems regarding the family home: ownership and occupation. The first is concerned with the question, in whom are the legal and beneficial interests in the property vested? The second is concerned with the question, what rights of occupation does each party have in the home irrespective of ownership? After discussing the current law governing ownership, the chapter considers the proposals for reform, and compares the English approach with that taken in other jurisdictions. It then turns to occupation rights and the impact of insolvency on the family home.
Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
Please subscribe or login to access full text content.
If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.
For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.
- Preface
- Table of Statutes
- Table of Cases
- 1. Introduction
- 2. Formation of Marriage and Civil Partnership
- 3. Determining the Validity of a Marriage or Civil Partnership
- 4. The Personal and Property Consequences of Marriage and Civil Partnership
- 5. The Family Home
- 6. Domestic Violence and Abuse
- 7. Divorce and Dissolution
- 8. Parents and Guardians
- 9. The Legal Position of Children
- 10. What is Parental Responsibility?
- 11. Who Has Parental Responsibility?
- 12. The Welfare Principle
- 13. The Voice of the Child
- 14. The Court’s Powers to Make Orders Under Part II of the Children Act 1989
- 15. Children and Local Authorities
- 16. Children and Local Authorities
- 17. Children and Local Authorities
- 18. Children and Local Authorities
- 19. Adoption and Special Guardianship
- 20. The High Court’s Inherent Powers in Respect of Children
- 21. Financial Obligations to Members of the Family
- 22. Financial Remedies on Divorce, Dissolution, Nullity and Separation
- 23. Financial Remedies
- 24. Cohabitation
- 25. Inheritance and Intestacy
- 26. International Aspects of Child Law
- Index