COHABITANTS
14/04/2011
Despite the commonly held belief that there is such a thing as a 'common law spouse' (which is incorrect), cohabitation does not confer on a couple the same rights as marriage or civil partnership. If one of the parties dies intestate, their cohabitant has no rights under the intestacy rules, although the Law Commission is currently considering this issue. In the case of the property occupied by cohabitants, the Courts have used constructive and resulting trusts, as well as proprietary estoppel, to resolve who owns what interests.
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