Property rights for unmarried couples: key legal principles for family law practitioners

Family law practitioners are increasingly required to advise unmarried parties, former cohabitants, and non-civil partners on property-related matters. In such cases, trust law is particularly relevant, especially for individuals who are or have been cohabiting. Many practitioners find this area challenging, making a solid understanding of key legal principles, practice, and procedure essential.

While procedural aspects are largely governed by the Civil Procedure Rules, relationship breakdowns are deeply rooted in family law, highlighting the need for practitioners to be well-versed in both areas. This webinar will provide a comprehensive overview of the relevant legal principles, equipping you with the knowledge necessary to advise former cohabiting couples effectively.

Topics covered include:

• Impact of a client referring their partner as ‘common law wife and husband’
• Joint tenancies and tenancies in common – Why the importance?
• Cohabitation contracts and their usefulness
• Constructive trusts – What needs to be established?
• 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)
• Compulsory mediation and impact of Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ. 141
• Use of proprietary estoppel in advising former cohabiting couples
• Equitable accounting and occupation rent
• How does Schedule 1 CA 1989 fit into trusts of land disputes? Consideration of Y v Z ( Schedule 1) [2024] EWFC 4
• Pursuing and defending cases through Tolata 1996