A community of accrued gains system for England and Wales?

Adrián Arrébola Blanco

Keywords

Matrimonial property; separate property system; community of accrued gains system; community property system; English Law; Welsh Law.

Abstract

The House of Lords concluded that English and Welsh Law had not yet known a system of community of property, neither in a full, or deferred way. Nevertheless, the evolution of ancillary relief has shown a trend towards the introduction of a community of accrued gains system from the middle of the past century. Recently, in fact, there has been a bill in process whose provisions were going to bring it slightly closer to a matrimonial property system. For this reason, it is time to analyse the past, the present and the future of ancillary relief in order to reflect on the current existence of a community of property system in England and Wales.