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(p. 122) 5. The Family Home 

(p. 122) 5. The Family Home
(p. 122) 5. The Family Home

N V Lowe

and G Douglas

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date: 25 January 2021

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.

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