Cohabitation

Question 1

what does cohabitation refer to

Answer 1

couples living together without marrying

Question 2

do financial orders apply to cohabiting couples

Answer 2

no

Question 3

what is the solicitors duty when acting for joint buyers

Answer 3

advise on merits of owning as JT and TIC Taylor

Question 4

what is an effective way to clarify beneficial interests

Answer 4

declaration of trust s53(1)(b) LPA 1925

Question 5

what is a cohabitation agreement

Answer 5

agreement setting out arrangements applicable whilst they are living together

Question 6

main issues covered in cohabitation agreement

Answer 6

ownership of real/personal property
finances- how to divide bills, resolve ownership of joint accounts
children, maintenance and surnames
other matters

Question 7

can parties claim maintenance upon breaking up

Answer 7

no

Question 8

resulting trust

Answer 8

direct contribution to pp by partner who is not legal owner Curley

Question 9

constructive trusts

Answer 9

common intention to share ownership- claimant acted in reliance on this to their detriment

Question 10

what if there is no evidence of express agreement, how can common intention be inferred

Answer 10

from conduct llyods v rosset

Question 11

proprietary estoppel

Answer 11

assurance of interest in property, reliance on assurance, detriment suffered as a result estops denying the claimant relief