ABSTRACT
One of the key issues that continues to plague English law is the manner in which disputes over the family home should be resolved. While the Matrimonial Causes Act (MCA) 1973 has conferred adjustive powers on the courts at the breakdown of marriage, 1 the absence of comparable powers or any other legislative intervention in relation to other types of relationships means that parties to non-marital relationships have to rely on contract law, property law and trusts principles to resolve disputes over the family home. More particularly, claimants often rely on the ‘common intention’ constructive trust as a principal means of acquiring a share in the family home. 2 The common intention constructive trust has, however, been criticised for both its lack of doctrinal clarity and rigidity in application, which inadvertently leads to gender bias in the way that the principles are applied and interpreted by the courts. 3
