ABSTRACT

This chapter concerns equity’s treatment of the family home and when one party may claim that they are entitled to a share in that home because they are the benefi ciary of a trust even though they do not also own the legal estate. This is a modern application of the law of trusts. This chapter therefore builds upon your knowledge of resulting and constructive trusts, which are discussed in Chapter 3 . You are advised to re-read Chapter 3 if you are unfamiliar with such trusts before progressing to the rest of this chapter.