ABSTRACT
Law has a social aspect. It is important that the impact of legal rules and court decisions is never forgotten. The subject matter of this chapter is of particular social significance because it concerns the manner in which individuals acquire rights in the family home. The law in this area is selfcontradictory and driven by the variety of political impulses which inform all discussions about policy concerning the family. This area is difficult simply because there is so much to say. The reader is encouraged to follow the layout of principles considered in this chapter and simply to accept that they are not possible to reconcile. What the reader should seek to do instead is to understand why differently constituted courts have come to different conclusions. The reader is referred to Part 5 of Hudson, 2007, for a more detailed analysis of the issues in this chapter.
