Family Home in UK Law

Leading Cases
  • White v White
    • House of Lords
    • 26 Oct 2000

    In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles. This is implicit in the very language of paragraph (f): '… the contribution which each has made or is likely … to make to the welfare of the family, including any contribution by looking after the home or caring for the family.'

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 May 1990

    The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.

  • Gissing v Gissing
    • Court of Appeal (Civil Division)
    • 01 Abr 1969

    It comes to this where a couple, by their joint efforts, get a house and furniture, intending it to be a continuing provision for them for their joint lives, it is the prima facie inference from their conduct that the house and furniture is a "family asset" in which each is entitled to an equal share.

  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Feb 2011

    This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.

  • R (Razgar) v Secretary of State for the Home Department
    • House of Lords
    • 17 Jun 2004

    (4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others?

  • Navaratnam Kugathas v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 21 Ene 2003

    Because there is no presumption of family life, in my judgment a family life is not established between an adult child and his surviving parent or other siblings unless something more exists than normal emotional ties: see S v United Kingdom (1984) 40 DR 196 and Abdulaziz, Cabales and Balkandali v United Kingdom [1985] 7 EHRR 471. Such ties might exist if the appellant were dependent on his family or vice versa.

  • Jitendra Rai v Entry Clearance Officer, New Delhi
    • Court of Appeal (Civil Division)
    • 28 Abr 2017

    But that, in my view, was not to confront the real issue under article 8(1) in this case, which was whether, as a matter of fact, the appellant had demonstrated that he had a family life with his parents, which had existed at the time of their departure to settle in the United Kingdom and had endured beyond it, notwithstanding their having left Nepal when they did.

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Legislation
  • Home Owner and Debtor Protection (Scotland) Act 2010
    • Scotland
    • 1 de Enero de 2010
    ...... on which a debtor may apply for sequestration, the types of voluntary trust deed to which the Act applies, the sale or disposal of a debtor's family home and requirements to publish notices about sequestration in the Edinburgh Gazette; and for connected purposes. . 1 . Residential standard ......
  • Bankruptcy and Debt Advice (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... ("obligation of aliment" having the same meaning as in the   family law (scotland) act 1985 (c.37) ), . . . (b) any obligation of the debtor ... S-49 . Division and sale of debtor's family home 49 Division and sale of debtor's family home . In section 40 of the 1985 ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... Act 1981 (costs in civil division of Court of Appeal, High Court, family court and county court) is amended as follows. . (2) After subsection ... . . (c) health care provided at a children's home or a residential family centre in respect of which a person is registered ......
  • Marriage and Civil Partnership (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... . (7) If a decree of aliment under section 3 of the Family Law (Scotland) Act 1985 (powers of court in action for aliment) requiring ... of the 2004 Act (regulation by court of rights of occupancy of family home) is in force at the time the qualifying civil partnership. ends by virtue ......
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Books & Journal Articles
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