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Cohabitation: the role of ADR in property disputes
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Claire WardSenior Legal Executive Andrew Jackson SolicitorsThe cohabiting couple family continues to be the fastest-growing family type in the UK with the latest statistics published by the ONS showing that cohabiting families in the UK have reached 3.2 million in 2015 which represents an increase of 29.7% in the last ten years.
I am increasingly advising clients in relation to property disputes which arise when cohabiting couples separate. Although it is felt the current law does not reflect the changes in society: as it stands the court may only make orders based on a determination of shares which have been acquired in a property by applying strict property of law trusts and proprietary estoppel. Quite often clients find it difficult to accept that this does not take into account how long the couple have lived together or whether they have children. The rules are technical and often require consideration as to whether one party has a 'beneficial' or 'equitable' interest in the property even where this is held in the sole name of the other party or where one party assets they should...
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