No Sympathy to Women and Children in Securing Their Family Home

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Title: 
No Sympathy to Women and Children in Securing Their Family Home
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6(1) LEGAL ISSUES JOURNAL, 61-88 (2018)

This article discusses two issues that disproportionately affect women and children in the United Kingdom: common intention constructive trusts and the application of sale under the Trusts of Land and Appointment of Trustees Act 1996. Regarding the former issue, the author argues that applying the common intention constructive trust to family home disputes has deprived women of an interest commensurate with their contributions, largely because the courts have often regarded non-financial contributions as insufficient to secure an interest. Regarding the latter issue, the author observes that the courts have often prioritized the interests of creditors over those of co-owners and their children. Notably, this tendency raises issues under Article 8 of the European Convention on Human Rights. By ousting women and children from their familial homes, decisions that allow creditors to force the sale of a debtor’s home potentially infringe upon entitlement to a private family life and home