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Edited by: Mark Arnold KC, Simon Mortimore KC
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Cohabitation: Division of Property on Relationship Breakdown


ISBN13: 9781784461720
Published: January 2021
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: £80.00



In stock.

The number of people who live together without getting married has grown rapidly in recent years. This book focuses on the property and financial aspects of relationship breakdown for cohabitants. The key concepts, issues and case law are explained clearly and concisely and will be an invaluable source of help and guidance for the busy family law practitioner.

Cohabitation explains:

  • concepts such as express, constructive and resulting trusts, proprietary estoppel, equitable accounting and the doctrine of advancement
  • case law including the potential differential treatment where property is held as an investment.
  • practice and procedure on commencing a claim
  • Schedule 1 Children Act Applications and Schedule 7 Family Law Act Applications
  • miscellaneous proceedings and claims in relation to bank accounts and personal property
  • the consequences of getting engaged
  • cohabitation and living together agreements

Family law practitioners will find this book indispensable when advising on the property and financial aspects of relationship breakdown of cohabiting couples.

Subjects:
Family Law
Contents:
1. Introduction
2. Real Property
3. Stack v Dowden (2007) UKHL 17
4. Jones v Kernott (2011) UKSC 53
5. Equitable Accounting
6. The Trusts of Land and Appointment of Trustees Act 1996
7. Practice and Procedure
8. Transfer of Tenancies
9. Applications under Section 15 – Schedule 1 of the Children Act 1989
10. Personal Property
11. The Effects of an Engagement
12. Cohabitation/Living Together Agreements
13. The Call for Reform
Annexes
Checklist
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