In part three of this special series, David Burrows considers the property rights of unmarried parents
- What rights to property does an unmarried parent and that parent’s child have in their family home?
- What happens to the home when that parent’s relationship breaks down?
- What law and court procedure dictates how the family home is dealt with?
This cohabitation law series started in NLJ last year: Part 1 dealt with an introduction to the law to which unmarried couples are subject, and Part 2 to specific areas of property and trust law (implied trusts) as it applies outside marriage (Pt 1, 167 NLJ 7736 & Pt 2, 167 NLJ 7770). This third part looks at the law and procedural cross-over between property proceedings where a partner wants to claim a differential share in jointly owned property or a share in property owned solely by one partner (the law explained in Pt 2); and where the couple have one or more dependent child(ren).
In the meantime, Graeme Fraser recently explained the background to a private member’s bill which
