Property and Couple Relationships: What does Community of Property have to offer English Law?

Abstract

Couple relationships, particularly where a home is shared, are most often economic as well as emotional relationships involving financial dependency or inter-dependency. Among the traditional functions of family law, at its interface with property law, has been the need to protect the more dependent, weaker economic spouse, typically the wife. This has been done in different ways in different jurisdictions with changes over time. Yet there is a particular division of approach between common law jurisdictions and European civil law jurisdictions which it is now timely to re-examine given the changing face of families and their financial dynamics in the 21st century and the challenge this represents for family law across Europe and beyond.