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Who to trust?

21 September 2012
Issue: 7530 / Categories: Features , Property
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The law surrounding cohabitees & trusts of land continues to evolve, says Greg Williams

There are over four million unmarried couples cohabiting in England and Wales. Many of those couples undoubtedly believe in the fallacy of the “common law marriage”. This myth survives because it is erroneously referred to in everyday speech, perhaps perpetuated by the media and application forms for insurance, loans and mortgages.

Decline in marriage

Marriage rates have been in decline for over 30 years. Even those couples who do marry (one can think of a topical Royal example) tend to live together for at least a few years before they tie the knot.
On 9 November 2011, the Supreme Court gave its decision in the landmark case of Kernott v Jones [2011] UKSC 53, [2012] AC 776.

That case provided an opportunity for the Court to revisit the House of Lords’ decision in Stack v Dowden [2007] UKHL 17, [2007] 2 All ER 929.

The outcome of Kernott was widely discussed at the time. It was not lost on the legal profession that the Supreme Court took the trouble to clarify

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

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