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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

2-Test new law article

2-Test new law article

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Test new law article

Test new law article

If you don't select an issue the article will be assumed to be "online only". These articles will be surfaced on the frontpage in a block in order of newest content first. Placing the article in an issue will automatically remove the "online only" status

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

NEWS
If you don't select an issue the article will be assumed to be "online only". These articles will be surfaced on the frontpage in a block in order of newest content first. Placing the article in an issue will automatically remove the "online only" status
If you don't select an issue the article will be assumed to be "online only". These articles will be surfaced on the frontpage in a block in order of newest content first. Placing the article in an issue will automatically remove the "online only" status

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

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

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