ABSTRACT
The topic of covers issues as to the ownership of the home in all circumstances except divorce between married people (because divorce has its own statutory code). This field covers disputes as to ownership of the home between unmarried people on separation (whether heterosexual, homosexual or non-sexual couples or groups), homeowners seeking to resist claims for repossession brought by a mortgagee, and so forth. This field is primarily addressed by principles of constructive trust (as adapted for this particular context in the form of the ‘common intention’ constructive trust) and of proprietary estoppel.
