Are considerations like the nature of the relationship relevant? If not this specific consideration, then are there any others? Should they be relevant or not in a family home? In other contexts? Do they promote autonomy? Do they promote anything else that makes them important to consider? Is the intervention of the courts misguided?

Trusts of the family home

“Considerations such as the nature of the relationship between two parties are not relevant to the question of their proprietary holdings, nor should they be, especially when it comes to the family home. Such considerations don’t promote autonomy. Moreover, the intervention of Courts in such considerations is institutionally misguided.”

To what extent do you agree?

Use pinpoint references, not just the articles or cases the quotes came from. Please also say the names of researchers/commentators directly in the essay.

Are considerations like the nature of the relationship relevant? If not this specific consideration, then are there any others? Should they be relevant or not in a family home? In other contexts? Do they promote autonomy? Do they promote anything else that makes them important to consider? Is the intervention of the courts misguided?