Wong, Simone (2007) Would you "care" to share your home? Northern Ireland Legal Quarterly, 58 (3). pp. 268-286. ISSN 0029-3105. (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided) (KAR id:1549)
Abstract
The paper seeks to examine the position in England and Wales
relating to the ownership of property that has been shared by
parties to a domestic relationship who are neither married to
each other nor in a civil partnership. These include
cohabitants (couple-based relationships), and familial and
non-familial members living together in relationships of care
and support. Currently, the resolution of property disputes
between these parties fall outside the statutory regimes
available to spouses and civil partners on the termination of
their relationships, and resort must be made to the common
law.
Given that the Law Commission's review which commenced in
July 2005 is limited only to cohabitants, the paper focuses on
couple-based cohabitation and issues arising in relation to the
acquisition of property rights over the shared home. It
considers the way in which gender plays out in the law,
especially in the formulation of the legal principles dealing
with such property disputes. The paper also examines the Law
Commission's proposed economic advantage/disadvantage
approach but argues that, while the proposed approach is a
step forward in terms of addressing the problems judges face
in placing value on unpaid caregiving, female claimants who
have provided substantial caregiving to their partners and the
families constituted by them may still remain disadvantaged.
Item Type: | Article |
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Subjects: | K Law |
Divisions: | Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School |
Depositing User: | A. Davies |
Date Deposited: | 19 Dec 2007 19:02 UTC |
Last Modified: | 16 Nov 2021 09:40 UTC |
Resource URI: | https://kar.kent.ac.uk/id/eprint/1549 (The current URI for this page, for reference purposes) |
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