ABSTRACT
This chapter focuses on the law's treatment of rights in the home, and some of the broader questions are introduced. Even if it should be taken to be a reference to all cases on trusts of homes, there is a clear difference between the first category of Rosset common intention constructive trusts by agreement, the balance sheet cases and the family assets cases. The treatment of the family home is clearly of enormous sociological, political, economic, spiritual and psychological importance in any system of law that is quite a list. Resulting and constructive trusts are said in the cases to arise on the basis of strict principles of law, acting retrospectively and imposing institutional trusts. That strict trusts law approach then falls to be compared with proprietary estoppel, which is a remedial doctrine capable of providing a range of proprietary and personal remedies at the discretion of the court.
