Research Handbook on Family Property and the Law

Edited by Margaret Briggs, Faculty of Law, University of Otago, New Zealand and Andy Hayward, Durham Law School, Durham University, UK

‘Overall, this book is a must-read for those with interests ranging from human rights law to property, the family and social policy, and for practitioners, academics and policymakers alike. Pushing to ensure the best outcomes for individuals is a duty that is incumbent on practitioners, and the book encourages reflection not only on how we have reached our current legal position, but also on how the law might go about keeping pace with the ways in which people live their family lives. Particularly, as we come to think about how we might wish this area of the law to develop in the future, it reminds us of the value of shifting away from an exclusive focus on the property law of the Western world. If we are receptive towards listening to a wider range of viewpoints – not simply geographical, but also cultural and religious – we will have much to learn.’

• ContentsForeword xiiiMathew Thorpe1 Introduction to the Research Handbook on Family Property and the Law 1Margaret Briggs and Andy HaywardPART I THE ORIGINS OF FAMILY PROPERTY2 Family property in Roman law 14Paul J du Plessis3 Family property law: a touchstone of long-term continuity and changein societies 25Alain Wijffels4 Early modern family property: coverture and Dewar’s ‘familialisation’ 45Emily Ireland5 Family homes on Indigenous lands: an illumination on the complexityof family property law 61Jacinta Ruru6 Matrimonial property in Islamic law 77Rajnaara C Akhtar and Faizal Ahmad Manjoo7 Family property in Asia 92Jianghao Xia8 An African perspective on family property and customary law 104Anthony C DialaPART II THE RECIPIENTS OF FAMILY PROPERTY: WHO BENEFITS?9 A queer perspective on property protections in marriage and otherregistered partnerships 121Erez Aloni10 The evolution of family law: judicial recognition of the diversity ofmodern marriage-like relationships in South Africa and beyond 139Christa Rautenbach and Mitzi Wiese11 Property rights of cohabitants in New Zealand 158Margaret Briggs12 Non-conjugal couples and legislated cohabitation 176Nausica Palazzo13 Children and the reach of family property: the rhetoric and the reality 196Mark Henaghan and Christian Poland14 Family property and entitlement upon death in England and Wales 214Brian Sloan15 Family property entitlements on death in New Zealand 231Nicola PeartPART III THE RECOGNITION AND REACH OF FAMILYPROPERTY: WHAT PROPERTY IS COVERED?16 Classification of community property: a US perspective 249Sally Brown Richardson17 The legal conceptualisation of family property interests in Australia 261Henry Kha18 Distribution of family property in Germany: family law and beyond 278Christiane von BaryPART IV THE REDISTRIBUTION OF FAMILY PROPERTY: HOW ISFAMILY PROPERTY DISTRIBUTED?19 Matrimonial property and marital agreements in comparative perspective 293Jens M Scherpe20 Community of property and separation of property in Belgium:a gradual harmonisation in the name of fairness? 307Geoffrey Willems21 Family property in Chile 326Fabiola Lathrop-Gómez22 Switzerland: participation in acquisitions 343Alexandra Jungo and Laura von Arb23 Bespoke justice and equitable redistribution in Ireland: an optical illusion? 359Kathryn O’SullivanPART V POLICY AND FAMILY PROPERTY24 Who’s afraid of the gold digger? 374Sharon Thompson25 Financial remedies in England and Wales: what about the majority? 390Emma Hitchings26 Feminism and family property 406Rosemary Auchmuty27 Family property over time 424Allison TaitPART VI THE FRONTIERS OF FAMILY PROPERTY28 Burns v Burns: the fable forty years on 441Andy Hayward29 Remaking family property law in the Anglo Caribbean 461Tracy Robinson30 Family property disputes in Singapore 480Man YipIndex 495