A Home with Dignity: Domestic Violence and Property Rights

Title: 
A Home with Dignity: Domestic Violence and Property Rights
Journal Citation: 
1 BRIGHAM YOUNG UNIVERSITY LAW REVIEW, 1-54 (2014)

This article addresses the intersections between property and personal rights as they pertain to domestic violence in the United States. The author argues that the legal system must address housing rights in situations of domestic violence by focusing on each party's dignity, the importance of home, and ending domestic violence instead of focusing on safety alone. The paper discusses the three scenarios that a woman subjected to abuse might choose when she shares the home with her abuser: separate from her partner by excluding him from the shared home while she stays in it, separate from him by leaving the shared home, and continuing the relationship and staying in the shared home. Importantly, laws addressing domestic violence in a shared home do not adequately address rights surrounding that shared home. The author maintains that the issue of the home needs greater attention for three reasons: domestic violence is a leading cause of homelessness; the struggle over rights to a shared home can increase violence against the woman; and a woman who decides to continue living in a shared home with her abuser receives next to no legal support. This article criticizes the civil protection order (CPO) laws in place in the United States and proposes a renewed anti-domestic violence movement that focuses on the right to a home. Under this new theory, legislative changes could include the creation of a set of factors to guide the vacate decision and to increase the number of housing options for both women subjected to abuse and men who perpetrate abuse.