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Transaction Avoidance in Insolvencies$
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Rebecca Parry, James Ayliffe, Sharif Shivji, Hamish Anderson, and William Trower

Print publication date: 2018

Print ISBN-13: 9780198793403

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198793403.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 27 January 2022

The Family Home

The Family Home

Chapter:
(p.323) 12 The Family Home
Source:
Transaction Avoidance in Insolvencies
Author(s):

Rebecca Parry

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198793403.003.0015

The family home will probably be the debtor’s main asset of value, so clearly it will be of considerable benefit to creditors if this asset can be claimed for the debtor’s estate. This will most obviously be possible if the house is held in the debtor’s name, although here their spouse, civil partner, or cohabitee may wish to claim an interest on the basis of equity and will in any case be entitled to a period of grace before the court will order the house to be sold for the benefit of creditors.

Keywords:   civil partnership dissolution, constructive and resulting trusts, dwelling house, equitable accounting, family homes, full entitlement, human rights considerations, love and affection, possible future income, post-petition disposition, resulting trusts, statutory protection against enforcement, terminology and basic approaches

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