Departmental Bulletin Paper 共同所有住宅における居住と収益との関係 : イングランド法を素材にして
Can a co-owner of a shared home enjoy sole occupation without paying occupation rent to other co-owners?

金子, 敬明

68 ( 2 )  , pp.103 - 144 , 2017-04-10 , 東京大学社会科学研究所
Where A and B, typically a couple, co-own a home and then for some reason only A enjoys its occupation, can B insist that A should vacate the home for B’s sole occupation? Or can B force A to pay occupation rent to B? This paper deals with how English law solves these questions. Though B has title in the home, B cannot insist on his occupation as long as A, another co-owner, occupies it in peace. B can instead force A to pay occupation rent. In this way, both A and B can have some benefit from owning the land, though in a different form. But once B’s creditor, X, gets a charging order on B’s share in the home, X can have the home sold in vacant possession, which means that A is forced to get out of it when the sale is completed.
特集 家族・財産・法

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