Trusts of the family home: Social change, judicial innovation and legislative reform

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dc.contributor.authorMee, John
dc.date.accessioned2024-03-05T10:43:53Z
dc.date.available2024-03-02T16:41:24Zen
dc.date.available2024-03-05T10:43:53Z
dc.date.issued2016-07en
dc.date.updated2024-03-02T16:41:26Zen
dc.description.abstractThis article surveys the development, over the last half-century, of the law in relation to trusts of the family home in Ireland. The focus on disputes over the beneficial ownership of the family home, the most important asset owned by many families, will allow a consideration of the evolution of an aspect of the law of resulting and constructive trusts, set against the background of relevant legislative developments. The most common trigger for disputes over the beneficial ownership of the family home is the breakdown of an intimate relationship, whether a marriage or civil partnership or cohabitation. However, the trigger could also be the death or bankruptcy of one of the parties or a dispute with creditors. In addition, not all disputes arising on the breakdown of a relationship will involve an issue related to the ownership of the family home, one obvious reason being that many couples live in rented accommodation. There is, therefore, an imperfect match between the area of the law of equity conveniently described as “trusts of the family home” and the issue of the property consequences of relationship breakdown. Nonetheless, the development of this area of the law of equity has clearly been dominated by concerns as to the latter issue.
dc.description.statusPeer revieweden
dc.description.versionAccepted Version
dc.format.mimetypeapplication/pdfen
dc.identifier.citationMee, J. (2016) 'Trusts of the family home: Social change, judicial innovation and legislative reform', Irish Jurist, 56, pp. 161-179.
dc.identifier.endpage179
dc.identifier.issn0021-1273
dc.identifier.journaltitleIrish Jurist
dc.identifier.startpage161
dc.identifier.urihttps://hdl.handle.net/10468/15617
dc.identifier.volume56
dc.language.isoenen
dc.publisherRound Hall
dc.relation.urihttps://www.jstor.org/stable/26448000
dc.rights© 2016, John Mee. Published by Round Hall, part of Thomson Reuters. This is a pre-copyedited, author-produced version of an article accepted for publication in Irish Jurist following peer review. The definitive published version [Mee, J. (2016) 'Trusts of the family home: Social change, judicial innovation and legislative reform', Irish Jurist, 56, pp. 161-179] is available online on Westlaw IE.en
dc.rights.urihttps://creativecommons.org/licenses/by/4.0/
dc.subjectTrusts of the family home
dc.subjectIreland
dc.subjectBeneficial interestsen
dc.subjectComparative lawen
dc.subjectConstructive trustsen
dc.subjectFamily homeen
dc.subjectLegal historyen
dc.subjectSpousesen
dc.subjectUnmarried couplesen
dc.titleTrusts of the family home: Social change, judicial innovation and legislative reform
dc.typeArticle (peer-reviewed)
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