Abstract

http://ssrn.com/abstract=1504043
 


 



Cohabitation: Current Legal Solutions


Rebecca Probert


University of Warwick - School of Law


Current Legal Problems, Vol. 316
Warwick School of Law Research

Abstract:     
This paper considers the arguments that have been advanced to justify giving cohabitants the same rights as married couples, and suggests a number of reasons for caution: first, the fact that these are uncharted waters, given the relative novelty of cohabitation as a family form; secondly, the evidence that suggests that a ‘functional’ approach may actually justify rules privileging marriage; and, thirdly, the indications that the law may indeed play a role in individual decisions. It then goes on to review recent developments in the areas of contract, property and family law and to re-evaluate their potential to meet the needs of cohabiting couples, viewed in the light of the demographic background. It concludes by advocating incremental change combined with a more wide-ranging review of the legal treatment of marriage and cohabitation.

Number of Pages in PDF File: 32

Keywords: cohabitation contracts, constructive trusts, family home, common-law marriage, functional family law

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Date posted: November 14, 2009  

Suggested Citation

Probert, Rebecca, Cohabitation: Current Legal Solutions. Current Legal Problems, Vol. 316; Warwick School of Law Research. Available at SSRN: http://ssrn.com/abstract=1504043

Contact Information

Rebecca Probert (Contact Author)
University of Warwick - School of Law ( email )
Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524484 (Phone)
02476 524105 (Fax)
HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/probert

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