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Property Law and Real Estate Commons

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Family Law

Brigham Young University Law School

BYU Law Review

2014

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Full-Text Articles in Property Law and Real Estate

A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson Apr 2014

A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson

BYU Law Review

This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its limited goals—achieving …