Chapter

The judges introduce it

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780406176080.003.0034
The judges introduce it

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Whilst all the talk was taking place about ‘deserted wives’, there was a silent revolution going on. It was destined to be of great help to all wives: and not only to those who were deserted. The revolution was to give the wife a share in the matrimonial home even though it stood in the husband's name alone. In 1882, when Parliament declared that a wife was entitled to have property of her own, it enacted that in any question between husband and wife as to the title to or possession of property, the court was to decide the matter as it thought fit. Parliament laid down no principles for the guidance of the courts, but left them to work out the principles themselves. This chapter discusses these issues in detail.

Keywords: deserted wives; silent revolution; matrimonial home; possession; courts

Chapter.  2289 words. 

Subjects: Constitutional and Administrative Law

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