ABSTRACT
The family home is where family law and property law meet, overlap and compete for priority. This is a reflection of the dualism of the family home as shelter and asset. 1 The home is the place where family life happens – for good or for ill – and often the largest single item of property owned by the family (or certain members of it). It is an asset that may be sold, and its value divided, on relationship breakdown, or instead used to provide a home for part of the family. It is often purchased with the assistance of a mortgage from a commercial lender who may attach less significance to its function of providing a home if the mortgage repayments cannot be met. It may be used as security to raise money to fund ventures that will, if successful, generate income for the family, and if unsuccessful may lead to the loss of the home. These different situations are governed by an amalgam of property law and family law: there is no one set of rules to be applied to the family home.
