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Registration confers real rights; a judgment creditor may attach a debtor spouse’s undivided share in a jointly owned matrimonial home; legislative reform, not judicial activism, is required to change that rule.
Property law – Matrimonial home – Co-ownership and real rights – Registration as prima facie proof of ownership – Presumption of equal undivided shares; Execution – Attachment and sale in execution of a judgment debtor’s undivided share in jointly owned matrimonial property; Judicial law-making – Limits of judicial activism; need for legislative reform to protect matrimonial homes.
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