cohabitation

Question 1

key facts

Answer 1

in marriage/CP the court resdistributes property starting with the presumption of 50/50, cohabitation no such thing

where property is co-owned, held on trust by LPA 1925

Question 2

how to identify cohabitation

Answer 2

kimber v kimber- court came up with a list to identify
living together
share daily tasks and duties
stability and permanence in relationship
financial affairs were indicative in relationship
sexual relationship admitted
close bond between the third party and children
motives
evidence of cohabitation by the opinion of a reasonable normal person

Question 3

hudson v hathway

Answer 3

problems with cohabittation:
couple split after buying house in join name. decide if wife keeps house then husband can keep pension. years laster husband goes back on this and wants house. court decide he transferred his equitable interest (overturned usual presumption of seperate interests)

Question 4

cohabitation v marriage

Answer 4

rules of intestacy- married will inherit, cohabitees need to claim and can prove were living together
capital maintenance- married have broader claims
pesnsion sharing- unmarried cannot claim
bank account acess- unmarried cannot acessed deceased bank account
obligation to provide support each other- unmarried no obligation

Question 5

children

Answer 5

married- husband automatic PR
unmarried- not automatic, mother can choose, father can apply

Question 6

end of cohabitation

Answer 6

can apply for financial support where there is economic disadvanatge
or dependant children