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    I have got an family law assignment about cohabitants but really confused on how to structure it and what to include here is the question.

    When a relationship ends, the property of cohabitants should be divided in exactly the same way as that of married or civilly partnered couples.

    Analyse this statement in the light of the present position for cohabitants.
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    This should be in the law sub-forum.

    Can I ask, have you read the relevant chapters on this in your textbook? It seems like an extremely straightforward question to me.
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    Have a read of the Law Commission's recommendations - the report's called something like Cohabitation: Financial Remedies on Relationship Breakdown, it's a bit long but there should be a summary on the webpage if you look round a bit. The Law Com recommended a new system where property rights could be reallocated by the courts but not in the same way as ancillary relief works for husbands/wives/civil partners. There'll be some stuff on the current law in the report as well if you need it but it's 4/5 years old now so make sure you're up to date.

    You'll want some stuff on the case law culminating in Stack v Dowden, Jones v Kernott etc in there as well. There's a case note on Jones v Kernott in the newest LQR if that helps.
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    thank you guys, i understand the question and understand its quite straight forward im jus confused with where to begain with
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    (Original post by nurtennn)
    thank you guys, i understand the question and understand its quite straight forward im jus confused with where to begain with
    Try making yourself a spider diagram and see how you can start linking points together - if it doesn't quite work when you start writing it, you can always move stuff around, cut and paste is a godsend
    One plain vanilla way to do it would be a) introduction on cohabitation and why distributing property rights on break up is a problem (you could even make up an example or get some from the case law), b) stuff on what the current law is for spouses and for cohabitants, c) (most important) critical analysis of proposal made in statement, including consideration of whether reform needed at all and whether the proposal in the statement is the right way to do it, d) conclusion giving your view and reasons for it. Sprinkle liberally with cases and references to academic views, and serve.
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    Thankyou you couldnt have explained it better ive got a better picture in my head now, much appreciated
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    (Original post by Festina lente)
    why distributing property rights on break up is a problem
    Can I just ask what the problems are? Im doing a similar question and im a bit stuck. Is it simply that in cohabitation, there is no percentage of ownership for those not on the deeds? or is it that they have to work out things like what is valid contribution?
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    (Original post by andygcfc)
    Can I just ask what the problems are? Im doing a similar question and im a bit stuck. Is it simply that in cohabitation, there is no percentage of ownership for those not on the deeds? or is it that they have to work out things like what is valid contribution?
    Yup that was where I was going, these sorts of things:
    - most cohabitants don't put their minds to it at all, they assume everything will be fine (no one likes to contemplate breaking up/splitting property - there's good stuff on this in the Law Commission report);
    - even if they do discuss it, without writing there is a s 53(1)(b) LPA 1925 problem.
    - there is no statutory scheme as there is for divorce/dissolution of civil partnership where property rights can be reallocated, so technically the courts should not be redistributing property but declaring what the ownership rights are, which is often really difficult anyway in the domestic context.
 
 
 
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