Stand by Your Man?: Legal Protection for Wives Who Charge the Family Home to Secure Their Husbands' Business Debts

Authors

Belinda Fehlberg, University of Oxford School of Law

Abstract

The article examines the legal protections for wives in England who charge the family home as security for their husbands' business debts, focusing on the challenges in balancing private family dynamics with third-party creditor rights. It critiques the limited protection offered by the law, particularly through the lens of the House of Lords' rulings in Barclays Bank v. O'Brien and CIBC Mortgages v. Pitt. The analysis highlights the tension between protecting vulnerable wives and maintaining the viability of the family home as collateral for business loans.

Disciplines

Contracts | Law | Law and Gender

Recommended Citation

Belinda Fehlberg, Stand by Your Man?: Legal Protection for Wives Who Charge the Family Home to Secure Their Husbands' Business Debts, 2 Cardozo J. Equal Rts. & Soc. Just. 3 (1995).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol2/iss1/4