header-logo header-logo

18 May 2018 / David Burrows
Issue: 7793 / Categories: Features , Family , Property
printer mail-detail

Cohabitation in 2017–18 (Pt 3)

nlj_7793_burrows_0

In part three of this special series, David Burrows considers the property rights of unmarried parents

  • What rights to property does an unmarried parent and that parent’s child have in their family home?
  • What happens to the home when that parent’s relationship breaks down?
  • What law and court procedure dictates how the family home is dealt with?

This cohabitation law series started in NLJ last year: Part 1 dealt with an introduction to the law to which unmarried couples are subject, and Part 2 to specific areas of property and trust law (implied trusts) as it applies outside marriage (Pt 1, 167 NLJ 7736 & Pt 2, 167 NLJ 7770). This third part looks at the law and procedural cross-over between property proceedings where a partner wants to claim a differential share in jointly owned property or a share in property owned solely by one partner (the law explained in Pt 2); and where the couple have one or more dependent child(ren).

In the meantime, Graeme Fraser recently

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
For decades, juries have been told to convict only if they are ‘sure’ of guilt. But what does that mean in practice? Writing in NLJ this week, Michael Zander KC, NLJ columnist and emeritus professor at LSE, argues the answer is alarmingly unclear
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
back-to-top-scroll