Cohabitation law for family lawyers – practical guidance for 2026

Disputes involving unmarried couples and family members over property are an increasingly common—and often complex—part of modern family practice. Yet many family lawyers feel less confident navigating this area, where civil procedure intersects with family law principles.

This practical webinar provides a clear, structured update on cohabitation law in 2026, equipping you with the legal knowledge and procedural insight needed to handle these matters with confidence. From ownership disputes to evolving case law and reform proposals, you’ll gain a firm grounding in the key principles that underpin this challenging but essential area of practice.

Topics covered include:

• The significance of the concept of a ‘common law wife and husband’?
• Joint tenancies and tenancies in common
• Use of cohabitation contracts or agreements
• Does the court start with an equal divide when deciding on the assets?
• What is ‘common intention’ and what needs to be established to show ‘detriment’?
• Consideration of leading cases, including Lee Hudson v Jayne Hathway 2022 EWHC 631 (QB)
• Informal discussions and impact of decision in Nilsson v Cynberg [2024] EWHC 2164 (Ch)
• Proposals for reform in 2026
• Use of proprietary estoppel and Schedule 1 CA 1989
• Equitable accounting and occupation rent – how does this work?
• How are the procedural elements different in the CPR from the FPR?
• How does Schedule 1 CA 1989 fit into Trusts of Land disputes?
• Costs and offers