Trusts of Homes

Ownership of the family home is generally not contested until the relationship between spouses or cohabitants breaks down, and the Matrimonial Causes Act 1973 gives courts adjustive powers to deal with disputes. However, there is no statutory regime governing the financial consequences of separation for unmarried cohabitants, leading to the common intention constructive trust being used to fill the vacuum. Recent high-profile cases and contradictory judgments have increased controversy surrounding this area of the law, and Alastair Hudson's book analyses the social, economic, and political factors behind its emergence and application by the courts.

Format: Paperback / softback
Publication date: 01 January 2021
Publisher: Taylor & Francis Ltd

Ownership of the family home is typically not contested until the relationship between spouses or cohabitants breaks down. The Matrimonial Causes Act 1973 provides the courts with adjustive powers to address disputes between spouses upon the breakdown of the marriage, but there is currently no statutory framework governing the financial consequences of separation for unmarried cohabitants. To fill this gap, the common intention constructive trust has expanded to address the issue. Recent high-profile cases and seemingly contradictory judgments have further fueled the controversy surrounding this area of the law. Alastair Hudson's book delves into the social, economic, and political factors that have led to the emergence of the common intention constructive trust and its application by the courts. It serves as an excellent guide for students of property law at all levels, providing a comprehensive and engaging exploration of this burgeoning area of the law.

Dimension: 234 x 156 (mm)
ISBN-13: 9781138184886