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For more than 50 years the English courts, in particular the House of Lords and the Court of Appeal, have been striving to reach a satisfactory and sustainable theory on which to base the inference and quantification of a share in family property, typically the family home. The latest attempt is the decision of the Court of Appeal in Oxley v Hiscock. The facts were relatively simple, but they led to a lengthy and complex legal analysis.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...