cohabitants – Law Journals

TOLATA 1996: No harm done

Hannah Viet examines whether common intention alone will satisfy a change in the parties’ property interests in joint name cohabitant disputes In Hudson v Hathway, there was no dispute as to whether there was an express agreement between the parties, so the sole issue to be determined on appeal was whether the judge at first …

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Burial disputes: Cohabitees on the back foot

Laura Abbott examines a case that provides a useful summary of the current approach to a dispute over the deceased’s final resting place The deceased cannot bind their personal representatives as to how their body should be disposed of, but of course the wishes of the deceased are important and should be taken into regard. …

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Trusts: Doing away with the need for detrimental reliance

Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone In finding that detrimental reliance was not the only route to establishing unconscionability, Kerr J has identified a clear distinction between the approach to be adopted in single name and joint name cases. It is well established that detrimental reliance …

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Relationships: Life on the edge?

Emily Brand asks whether there should be legal reform to protect the rights of ‘throuples’ The idea of a throuple could be a sign of things to come as gender roles and expectations become more fluid and surrogacy becomes increasingly widespread. The idea of the ‘couple’ is deeply embedded in Judeo-Christian culture, starting with Adam …

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1975 Act: ‘Til death do us part?

Jessica Woollard and Alexandra Hirst revisit 1975 Act claims and financial remedies on divorce A former spouse or civil partner may be able to bring a claim under s81(1)(ba) of the 1975 Act if the parties legally separate and subsequently cohabit. In Chekov v Fryer [2015], the defendants applied to strike out an application under …

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