Week 4 - Cohabitation

Describe a couple who does not qualify for a financial settlement from the court when their relationship is over?

Cohabiting couples of any gender

A cohabiting partner is not entitled to benefit from the estate of their former partner under intestacy laws

True

Which of the following is not a leading case on constructive and resulting trusts?

Fitzpatrick v Sterling Housing Association

Read the Supreme Court report of the judgement of Jones v Kernott. Over which period of time did the court proceedings take, from start to Supreme Court judgement?

October 2007 - Nov 2011

What is the test that the court says must be applied in Jones and Kernott to how the court values the parties' interests in a disputed property?

“the primary search must be for what the parties actually intended, to be deduced objectively from their words and their actions”

If you intend to co-own property with another, what this the best way of protecting your rights?

Ensure all parties have independent legal advice and a trust deed drawn up to specify shares and how any disputes will be resolved

Where couples live together and then split up, which types of couples are entitled to apply for maintenance for children of the relationship from their ex-partner?

All couples

Which of the following was not, historically, a component of the marriage contract?

Marriage in a church

What does the abbreviation TLTLA 1996 stand for?

Trusts of Land and Appointment of Trustees Act 1996

How can a legal joint tenancy be turned into a tenancy in common?

You serve a notice of severance on the other co-owner and register this at the land registry

Is there anyway that an cohabiting parent can claim property on behalf of children on the breakdown of the parental relationship?

Yes - Under Sch 1 Children Act

In the judgement in Jones v Kernott, which earlier decided case do the Supreme Court revisit in paras 3-36?

Stack v Dowden

In their discussion revisiting the case that is the correct answer to Q12, the Supreme Court give detailed consideration to the legal meaning of two particular words in the English Language. What are those two words?

"Inference" and "impution"

What is NOT one of the principles that determines the issue of Common Intent when considering the issue of the creation of a constructive trust?

A deed of trust

What was the definition of "co-hab" that qualified to benefit from the Bill in the Cohabitation Bill 2019/21?

Living together for 3 years and/or having a child together