“Considerations such as the nature of the relationship between two parties are not relevant to the question of their proprietary holdings, nor should they be, especially when it comes to the family home. Such considerations don’t promote autonomy. Moreover, the intervention of Courts in such considerations is institutionally misguided.” To what extent do you agree?

Trusts of the family home

“Considerations such as the nature of the relationship between two parties are not relevant to the question of their proprietary holdings, nor should they be, especially when it comes to the family home. Such considerations don’t promote autonomy. Moreover, the intervention of Courts in such considerations is institutionally misguided.”

To what extent do you agree?