Archive for the 'cohabitation' Category

Couple await supreme court decision over sale of house they shared – The Guardian

“A bungalow in Essex is at the heart of a test case over how unmarried partners who split up should divide their property.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Court to rule on unmarried couples’ property rights – BBC News

“The Supreme Court is hearing a case which could have a dramatic effect on the property rights of unmarried couples who split up.”

Full story

BBC News, 4th May 2011

Source: www.bbc.co.uk

Unmarried couples who split should get new legal rights, top judge says – Daily Telegraph

“Cohabiting couples who split up should get new legal rights to share property and money, according to Britain’s most senior family judge.”

Full story

Daily Telegraph, 3rd February 2011

Source: www.telegraph.co.uk

Lawyers see ‘explosion’ in cohabitation cases – Law Society’s Gazette

“The recession has caused an ‘explosion’ in the number of cohabiting couples seeking advice on relationship breakdown, according to family lawyers who have called for the ‘complex’ laws applied to them to be updated.”

Full story

Law Society’s Gazette, 6th August 2010

Source: www.lawgazette.co.uk

Jones v Kernott – WLR Daily

Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 13

“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jones v Kernott – WLR Daily

Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 136

“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”

WLR Daily, 27th May 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cohabiting couples share property rights – The Independent

“Unmarried couples who buy homes together could be entitled to an equal share of the property if they split up even if only one party has paid the mortgage and maintained the home, the appeal court ruled yesterday.”

Full story

The Independent, 27th May 2010

Source: www.independent.co.uk

Couples don’t need the law to tell them how to live together – The Guardian

“Extending property rights to those who move in together, but don’t marry, will only lead to heartbreak and pain for the young.”

Full story

The Guardian, 22nd November 2009

Source: www.guardian.co.uk

Make pre-nups legally binding, says Tory thinktank – The Guardian

“Pre-nuptial agreements would be legally binding, and cohabiting couples would not have the same rights as those who marry, under Tory plans for strengthening marriage unveiled today.”

Full story

The Guardian, 17th November 2008

Source: www.guardian.co.uk

Cohabitation law delay ‘shoddy’ – BBC News

“A government delay on new rights for cohabiting couples has been slammed by family lawyers.”

Full story

BBC News, 8th March 2008
Source: www.bbc.co.uk

Response to paper on cohabitation and relationship breakdown – Ministry of Justice

“Justice Minister Bridget Prentice has made a written ministerial statement announcing the government’s response to the Law Commission’s paper on the financial consequences of relationship breakdown for cohabiting couples.”

Press release

Ministry of Justice, 6th March 2008

Source: www.justice.gov.uk

Legal rights to cohabiting couples are shelved – The Times

“Plans to give two million cohabiting partners similar rights to married couples have been shelved by ministers.”

Full story

The Times, 7th March 2008

Source: www.timesonline.co.uk

Laskar v Laskar – WLR Daily

Laskar v Laskar; [2008] WLR (D) 39

“The presumption that the legal and beneficial interests of a domestic property conveyed into joint names were, in the absence of an agreement between the parties, joint and equal applied to a family home occupied by cohabitants. The presumption did not apply to commercial properties or to property purchased as an investment even where the purchasers belonged to the same family.”

WLR Daily, 8th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cohabitation laws too expensive, says Haworth & Nutall – The Lawyer

“Blackburn-based firm Haworth & Nuttall has claimed that changes to cohabitation laws will ‘fall at the first hurdle’ due to extra costs.”

Full story

The Lawyer, 5th September 2007

Source: www.thelawyer.com 

Taking the spleen out of splitting up – The Times

“Plans to give unmarried couples improved rights on the breakdown of their relationship highlight how worried the Government is about changes in society that leave many women and their children in deep financial trouble once a partnership breaks down. But for many who plan to co-own property, any change to the law (which is not expected to happen quickly) will not necessarily help them.”

Full story

The Times, 7th August 2007

Source: www.timesonline.co.uk

Law is “unjust” for unwed couples – BBC News

“Couples who are living together should have more legal rights, according to a report from the Law Commission.”

Full story 

BBC News, 30th July 2007

Source: www.bbc.co.uk

Cohabitation – Law Commission

“The report contains final recommendations regarding the law as it affects cohabitants’ property and finances when their relationships end, whether by separation or by death.”

Full report 

Law Commission, 31st July 2007

Source: www.lawcom.gov.uk

Break-up may end in court for unmarried couples – The Times

“Cohabiting couples would be entitled to financial settlements if they split up, under proposals from the Government’s key adviser on law reform.”

Full story 

The Times, 31st July 2007

Source: www.timesonline.co.uk

Lawyers demand better rights for cohabitees who separate – The Times

“A powerful group of family solicitors is calling on the Government to make a commitment to giving cohabiting couples new financial protection if they split up, and to make time for an early Bill.”

Full story

The Times, 30th July 2007

Source: www.timesonline.co.uk

Cohabiting couples ‘should get rights’ – Daily Telegraph

“Cohabiting couples who separate should be given the same rights to each other’s wealth as married couples who divorce, according to Government advisers.”

Full story

Daily Telegraph, 26th July 2007

Source: www.telegraph.co.uk

The Living Together Campaign: an investigation of its impact on legally aware cohabitants – Ministry of Justice

“This is a summary of a short study done in January and September 2006, to assess the attitudes and behaviour of a group of legally aware cohabitants, former cohabitants and intending cohabitants who had accessed The Living Together Campaign (LTC)’s website on the legal position of cohabiting couples.”

The Living Together Campaign – an investigation of its impact on legally aware cohabitants (PDF)

Ministry of Justice, 25th July 2007

Source: www.justice.gov.uk

Unmarried couples get equal rights on ‘divorce’ – The Times

“Cohabiting partners who split up are to get similar rights to divorcing couples under plans to be outlined next month, The Times has learnt.”

Full story

The Times, 11th June 2007

Source: www.timesonline.co.uk

Cohabiting couples warned to protect their property rights – The Guardian

“Lawyers are warning cohabiting couples to spell out in writing what share of their home each should get if they split up, to avoid expensive legal battles consuming a large chunk of their wealth. The advice comes after a landmark judgment last week by five law lords, setting out how the courts should resolve such cases.”

Full story

The Guardian, 30th April 2007

Source: www.guardian.co.uk

Stack v Dowden – Times law Reports

Presumption of equality in couple’s joint ownership

Stack v Dowden

House of Lords

“A conveyance of a domestic property into the joint names of cohabitants established a prime facie case of joint and equal beneficial interests in the property until the contrary was proved.”

The Times 26th April 2007

Source: www.thetimesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Unmarried couples come closer to winning legal divorce rights – The Times

“Unmarried couples who separate moved a step closer to acquiring the “divorce rights” of married couples yesterday with a House of Lords ruling that they can win a half-share in their joint home.”

Full story

The Times, 26th April 2007

Source: www.timesonline.co.uk

Unmarried couples win rights to half of shared properties – The Times

“Unmarried couples who split have won equal rights to a share in their home – but only if they put it in joint names, the House of Lords ruled this morning.”

Full story

The Times, 25th April 2007

Source: www.timesonline.co.uk


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