Matrimonial property and Irish law: a case for community.

Abstract

Family property is a primary area of contention in property law. If spouses only have rights in relation to property to which they can show legal or beneficial title, they may be left unprotected in the event of marital breakdown, despite what may be a lengthy and considerable contribution to family life. If spouses have automatic rights to one another's property, injustice may result where no contribution (financial or familial) has been made. Should the law provide for property redistribution, as opposed to maintenance? If a property interest is to be granted, how, and by whom, is such an interest to be quantified?