Non-Marital Cohabitation Flashcards
Edmonds v edmonds 1971
Court was clear that sexual intercourse alone doesn’t create cohabitation in Scotland
Gutcher v butcher 2014
(What does it mean to live together as spouses or civil partners?)
Held not cohabitants
Relationship for several years
Kept critical parts of life separate during relationship
Accepted they had intimate relationship
No joint financial relations
Gutcher stayed overnight with partner but she kept her own home and recorded her home address as her own home rather than parters property
Harley v Thompson 2015
(What does it mean to live together as spouses or civil partners?)
Relationship for 2 years
Helped party to pay off some debts
They bought a house together in joint names that they both lived in
Particularly persuaded by financial relationship between them
They were deemed to be cohabitants
Savage v purches 2009
Cohabited in same sex relationship for almost three years
Partner died with no will, estate automatically passed to deceased’s sister
He applied to court for transfer of estate to him
Court rejected because savage had benefited from substantial pension pay out from deceased
Persuaded by the short length of the couples relationship, although no time limit they are entitled to consider
(Allocation of estate to cohabitant is matter for courts discretion)
Windram v applicant 2009
Windram cohabited with partner for 24 years, had two children
W partner died and made claim under s. 29
Sought transfer of family home into her name
Court thought it unfair to leave W with nothing so they transferred family home and furnishings to W so she could continue caring for the couples children
F v D 2009
Lived together for 5 years and had a son
Pursuer looker after son as resident parent
£3000 awarded to pursuer so burden of childcare was shared between parties
Payment designed to contribute to school uniform, childcare and school trips
