Wednesday, January 23, 2013

Property laws for cohabiting couples 'unfair'

Lord Justice Toulson
The Telegraph has just reported a case in the Court of Appeal today in which Lord Justice Toulson has described the property laws for cohabiting couples as "unfair".

The case concerned a woman, Pamela Curran, who was seeking permission to appeal against a ruling that, after a relationship of more than 30 years, she had no right to a share in the business or the home where she and her former cohabitee had lived together. Lord Judge Toulson granted her permission to appeal the ruling, and is quoted as saying:
“The law of property can be harsh on people, usually women, in that situation. Bluntly, the law remains unfair to people in the appellant's position, but the judge was constrained to apply the law as it is."
Family lawyers, including this one, know the scenario full well, and have been calling for a change in the law for years. Sadly, the Government decided not to proceed with the Law Commission's recommended reform of the law.

No comments:

Post a Comment

Thank you for taking the time to comment on this post. Constructive comments are always welcome, even if they do not coincide with my views! Please note, however, that comments will be removed or not published if I consider that:
* They are not relevant to the subject of this post; or
* They are (or are possibly) defamatory; or
* They breach court reporting rules; or
* They contain derogatory, abusive or threatening language; or
* They contain 'spam' advertisements (including links to any commercial websites).
Please also note that I am unable to give advice.

Note: only a member of this blog may post a comment.