Would you "care" to share your home?

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 restricted)

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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
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: A. Davies
Date Deposited: 19 Dec 2007 19:02
Last Modified: 22 Aug 2013 14:23
Resource URI: http://kar.kent.ac.uk/id/eprint/1549 (The current URI for this page, for reference purposes)
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