Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

Cohabitation: The long slow road to reform

Sep 29, 2018, 19:35 PM
family law, cohabitation, reform, property law
Currently unmarried couples have no right in law to claim ownership of each other’s property on relationship breakdown. This should be well known but there are still misunderstandings amongst many couples.
Slug : cohabitation-the-long-slow-road-to-reform
Meta Title : Cohabitation: The long slow road to reform
Meta Keywords : family law, cohabitation, reform, property law
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 5, 2016, 03:38 AM
Article ID : 113428
Professor Judith Bray, University of Buckingham

Currently unmarried couples have no right in law to claim ownership of each other’s property on relationship breakdown. This should be well known but there are still misunderstandings amongst many couples.

Cohabitants often believe that rights arise from a long relationship which is incorrect. There are no statutory rights protecting cohabitants on the breakdown of a relationship. Instead of statutory rights, cohabitants must rely on the complex rules of property law which are beset with technicalities. Their status as cohabitants has no effect on outcome and although the courts may take the length of relationship and other issues into account when quantifying shares, the claim to a share is a property law based claim. Couples cannot predict how the property rules and principles will apply to their individual circumstances.

This article examines the current position regarding property rights for cohabitants and demonstrates why reform is needed.

The full version of this article appears in the December 2016 issue of Family Law. 

For details on how you can subscribe to Family Law or any other titles, please contact the LexisNexis customer services team: Tel 0330 161 1234, or email: customerservices@lesisnexis.co.uk
Categories :
  • Articles
Tags :
change
Authors
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from