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Family Law student resources is no longer available and it was replaced by Family Law 2e.
Chapter 5 Resource bank
Chapter 5 Resource bank
Property division on the breakdown of non-marital relationships
Legislation
The key pieces of domestic English and Welsh legislation addressing this topic are the Law of Property Act 1925, the Law of Property (Miscellaneous Provisions) Act 1989, the Trusts of Land and Appointment of Trustees Act 1996, and the Land Registration Act 2002. As with all legislation, we recommend that you avoid legislation.gov.uk, and instead refer to a subscription database such a Lexis or Westlaw. This will ensure that you are working with an up-to-date version.
Law Commission, Sharing Homes: A Discussion Paper (Law Com No. 278, 2002)
This discussion paper examines the property rights of those who share homes with the intention of informing discussions about possible reforms to the law. It encompasses all kinds of home sharing other than through tenancy, employment, or contractual licence, so encompasses conjugal relationships, familial relationships, and friends living together.
https://www.lawcom.gov.uk/project/sharing-homes/
Law Commission, Cohabitation: The Financial Consequences of Relationship Breakdown (Law Com No. 307, Cm 7182, 2007)
Extremely useful summary of the law (or lack thereof) for cohabitants, including trusts of land applications. Contains detailed suggestions for what a set of rights for cohabitants could look like. Essential reading.
Office of National Statistics Statistical Bulletin: Families and Households in the UK 2017 (2017)
Maps the trends in living arrangements across the UK. A very useful source of statistics for your research.
Lloyds Bank v Rosset [1990] UKHL 14
Extremely important case in which the wife sought to establish that she had a beneficial interest in the property that took priority over a mortgage lender seeking repossession of the house, which was in her husband’s sole name. Lord Bridge outlines the law both where there is an express common intention and where the intention is inferred from conduct.
http://www.bailii.org/uk/cases/UKHL/1990/4.html
Stack v Dowden [2007] UKHL 17
The parties owned a home in joint names, but there was no express declaration of beneficial interest. Ms Dowden successfully rebutted the presumption that equity follows the law, i.e., that they owned the house in equal shares. Influential because of its discussion of how to ascertain the parties’ joint intentions and the kinds of factors that will help then quantify the shares.
http://www.bailii.org/uk/cases/UKHL/2007/17.html
Jones v Kernott [2011] UKSC 53
The parties owned a home in joint names, but there was no express declaration of beneficial interest. The Court found that their common intention as to what shares they would each have in the property changed on their separation, post-purchase. Contains a discussion of imputation v inference. It will only make sense if you read Stack v Dowden first.
http://www.bailii.org/uk/cases/UKSC/2011/53.html
Lord Neuberger, ‘The Plight of the Unmarried’, Speech to the ‘At A Glance’ Conference 2017 (21 November 2017)
The then-President of the Supreme Court discusses Stack v Dowden and Jones v Kernott, and compares the position of cohabitants to married couples in a similar situation.
https://www.supremecourt.uk/docs/speech-170621.pdf
Anne Barlow, Carole Burgoyne, and Janet Smithson, The Living Together Campaign – An Investigation of Its Impact on Legally Aware Cohabitants (Ministry of Justice, 2007)
Study which analysed the impact of the Living Together Campaign (which was about informing cohabitants that they do not have the same rights as married couples) and the reactions of those who used the website to their new understanding.
https://ore.exeter.ac.uk/repository/handle/10036/15235
Anne Barlow, Carole Burgoyne, Elizabeth Clery, and Janet Smithson, ‘Cohabitation and the Law: Myths, Money, and the Media’, in Alison Park, John Curtice, Katarina Thomson, Miranda Phillips, Mark Johnson, and Elizabeth Clery (eds), 24th British Social Attitudes Report 2008 (Sage 2008).
Examines the evolving prevalence and role of cohabitation as a relationship form in British society and whether attitudes to cohabitation have changed, including public beliefs about cohabitants’ legal rights and financial practices.