Skip to main content

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 currently restricted. You may be able to access a copy if URLs are provided) (KAR id:1549)

PDF
Language: English

Restricted to Repository staff only
[thumbnail of Would_you_care.pdf]

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: 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)

University of Kent Author Information

  • Depositors only (login required):

Total unique views for this document in KAR since July 2020. For more details click on the image.