Protection Against Unilateral Dispositions of the Family Home - An Irish Perspective

O'Sullivan, Kathryn

doi:10.1093/lawfam/ebt012

Cited by 4 publications

(3 citation statements)

References 6 publications

(8 reference statements)

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“…The development of these Family Hubs was not underpinned by any evidence as to their efficacy. The research evidence is clear that both long-and short-term housing subsidies are considerably less costly than emergency accommodation or transitional congregate facilities for families, while also offering substantial additional benefits across a range of psychosocial domains, particularly for the children (O'Sullivan, 2017;Daly, 2019).…”

Section: Hotels and Hubsmentioning

confidence: 99%

Reimagining Homelessness

O’Sullivan

2020

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Section: Hotels and Hubsmentioning

confidence: 99%

Reimagining Homelessness

O’Sullivan

2020

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“…Unlike many common law jurisdictions, section 3 of the Family Home Protection Act 1976 and section 28 of the 2010 Act provide robust, automatic, protection to nonowning spouses and civil partners inter vivos, severely restricting the owner spouse or civil partner's ability to unilaterally dispose of the family home (see O'Sullivan, 2013b). A desire to protect nonowning spouses in the home was also central to the attempted introduction of automatic beneficial co-ownership of the home through the Matrimonial Home Bill 1993.…”

Section:  Trend 3: the Importance Of Securing The Family Home For Thmentioning

confidence: 99%

‘Til death do us part’: surviving spouses, civil partners and provision on intestacy in Ireland

O'Sullivan

2016

Journal of Social Welfare and Family Law

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“… 59. Law Commission for England and Wales (1989). For the vulnerability of non-owning spouses in the home, see also O’Sullivan (2013). …”

mentioning

confidence: 99%

Distribution of intestate estates in non-traditional families

O'Sullivan

2017

Common Law World Review

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The rules governing the distribution of an intestate estate applied pursuant to section 46 of the Administration of Estates Act 1925 as amended by section 1 of the Inheritance and Trustee's Powers Act 2014 ensure very generous provision for surviving spouses in England and Wales. However, notwithstanding the merits of such provision, the extent to which the regime strikes an appropriate balance in distributing such an estate, in particular, between the surviving spouse and a deceased's children from a former relationship, if present, appears somewhat dubious. Part I briefly positions the intestacy regime adopted in England and Wales in an international context, placing a special emphasis on the protection afforded to the interests of a deceased's children from a former relationship in a number of different jurisdictions. Part II then critiques the arguments recently advanced by the Law Commission for England and Wales against reform in this area and argues that such reform is, in fact, warranted. On this basis, Part III presents a novel proposal for consideration.

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Protection Against Unilateral Dispositions of the Family Home - An Irish Perspective

Cited by 4 publications

References 6 publications

Reimagining Homelessness

Reimagining Homelessness

‘Til death do us part’: surviving spouses, civil partners and provision on intestacy in Ireland

Distribution of intestate estates in non-traditional families

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