Trusting in trust(s): the family home and human rights

Wong, Simone (2003) Trusting in trust(s): the family home and human rights. Feminist Legal Studies, 11 (2). pp. 119-137. ISSN 0966-3622. (doi: (Full text available)


In July 2002, the U.K. Law Commission published its Discussion Paper No. 287 on home-sharing. The conclusion drawn by the Law Commission was that it would not be possible to devise a statutory scheme for the resolution of family property disputes which is both workable and flexible enough to deal with the wide range of personal relationships that exist. It further took the view that, with appropriate changes to the way in which trusts principles are currently interpreted and applied by the courts, these trusts principles are sufficiently flexible and coherent to deal with the question of ascertaining and quantifying property rights over the family home. The aim of this paper is to examine the implications of these particular conclusions drawn by the Law Commission for both the law of trusts and the resolution of family property disputes between cohabitants. In particular, the paper will consider the extent to which trusts law remains a workable and desirable option and whether any mileage may be gained by drawing on the human rights culture that is emerging in U.K. legal and political discourse.

Item Type: Article
Additional information: The original publication is available at
Uncontrolled keywords: constructive trusts, disputes, family property, Law Commission Discussion Paper No. 278 (2002), human rights
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: A. Davies
Date Deposited: 19 Dec 2007 19:02 UTC
Last Modified: 14 Jan 2017 07:38 UTC
Resource URI: (The current URI for this page, for reference purposes)
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