Equality in the Family Home? |
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Authors: | Rebecca Probert |
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Institution: | 1.School of Law,University of Warwick,Coventry,UK |
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Abstract: | The recent decision of the House of Lords in Stack v. Dowden appears, at first sight, to endorse a new approach to the jointly owned family home. However, upon closer inspection, this
proves to be something of an illusion: the new approach is remarkably similar to the traditional resulting trust in that it
attaches more weight to financial payments than to other contributions. A further problem is that the disjunction between
the reasoning of the judges and the actual result makes it a difficult decision to apply to future cases. This case-note will
consider the legal and social issues raised by the case and will argue that it has the potential to disadvantage women who
do not make an equal financial contribution to the purchase of the home. |
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Keywords: | |
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