Rob Hines & Andrew Birtles examine cohabitation law in Scotland & its future in England & Wales
In Gow (FC) v Grant (Scotland) [2012] UKSC 29 the Supreme Court handed down a landmark judgment on cohabitation law in Scotland. Perhaps just as significant were the comments made by Lady Hale in her concluding remarks, in which she issued a clear rallying call for the creation of similar laws in England and Wales.
Mr Grant, aged 58, and Ms Gow, aged 64, began a relationship in 2001. In December 2002, Grant asked Gow to move into his property and Gow agreed to do so, on the condition that they became engaged.
When the parties met they each owned their own home and were in employment. Six months into the cohabitation Gow, with Grant’s encouragement, sold her Edinburgh home for £50,000, the proceeds being used to discharge her debts and to fund the parties’ living expenses. By 2009, the value of Gow’s former flat had increased £38,000 above the sale value. In 2003,
