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Press Release

Supreme Court verdict gives cohabitees more clarity, though urgent reform still is required

9 November 2011

Cohabitees who are separating now have greater clarity about how their assets should be shared following a Supreme Court ruling today.

In welcoming the ruling, Law Society President John Wotton said:

“This judgement moves the law forward because it allows courts to reach a view about what the parties intended, and what a fair outcome should look like. However, the meaning of 'fairness' in cohabitation law is not the same as fairness in marriage. Today's verdict only goes so far in providing cohabiting couples with clarity about what will happen to shared property on a relationship breakdown. The fact is that successive governments have failed to legislate on the rights of unmarried couples living together, despite the Law Commission's proposals for reform, which we have supported.

“Many cases could still end with what most people would consider an unfair outcome. The confused state of the law continues to cause stress, litigation and costs – and hence ultimately is damaging for families and children.

“It is crucial that couples who are thinking of buying a property and living together take legal advice from a solicitor to reduce the likelihood of potential problems later. Solicitors are highly experienced in dealing with house purchases and helping people properly set up their financial arrangements. A solicitor will help to avoid unforeseen problems, about legal rights in a relationship generally, and can discuss how rights might change as a relationship develops, such as children or marriage.'



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