Report: Critical Analysis of Property Law for Cohabiting Couples

This report provides a critical analysis of current laws concerning property distribution among cohabiting couples, focusing on the legal rights and challenges they face, particularly within the UK legal system. It examines the concept of property, including various forms such as land, money, and intellectual property, and the laws governing their transfer. The report highlights the absence of strong legal frameworks for live-in relationships in many countries, leading to limited legal rights for cohabiting partners regarding property ownership and debt responsibilities. It explores the use of cohabitation agreements to mitigate future conflicts, the application of common law, and the differences in legal rights compared to married couples. The analysis covers beneficial interest in property, research methodologies such as socio-legal analysis, and the evaluation of current legal principles and past judgments to identify the progress and position of cohabiting couples. Key legal provisions and amendments, including those from the Law of Property Act 1925, are discussed, along with the implications for future legal developments and dispute resolution in civil courts.

Critical Analysis of
Current Law

This report will be prepared by conducting research through critical analysis of current
law which has been enacted for the distribution of property among the partners living together
before the marriage. In the legal term, property refers to moveable things wherein the ownership
can be transferred from one person to another. Patents, copyrights, land, money, stocks etc. are
also included in the definition of the property. There are laws which govern the transfer from one
person to another.
Co-habiting relationship refers to couple living together without getting married to each
other. There are many countries in which legal system does not allow live-in relationship. They
are not considered legal due to which no such strong laws have been implemented for them.
Such couples have limited legal rights as to the ownership, responsibility for debts etc. with
regard to property. This report will be covering about statues governing the property division
between the parties who are in live-in relationship.
In UK, there are more than 6million cohabiting couples who need some legal rights in
case they split up. A cohabitation agreement can be formed comprising of clauses related to
property, savings, personal belongings etc. This helps in reducing the conflicts between the
parties related to mortgage deposit and repayments. This is the best way to avoid conflicts in
future regarding division of properties as there are no such laws for cohabiting couples to claim
their share. The absence of legal recognition has made it difficult for the live-in partners to have
a legal backup so that they can be protected against any legal issues.
There are issues in the application of common law to an unmarried couple living together
because there is no legal status to their relationship. There is no financial responsibilities in such
relationship after splitting. There is difference between the legal rights of live in couple with that
of a married couple. If the house is under joint ownership as per the agreement then equal rights
are there for each partner which can be used to claim the share. The agreement is called
cohabitation which can be formed even after splitting with each other. The main aim of such
agreement is to protect the parties from any negative or undesirable situations in respect to
properties. In other words, it comprises of details about the property rights on the part of each
partner. Also, the split up with the partner does not alter the rights of parties involved in such a
relationship.
Cohabitation agreements are not always legally enforceable but it can be enforced by
following the guidance of concerned lawyer. However, at the time of distribution of properties,

both the parties have to show the contribution made to the property, any benefits received from
the contribution and similar aspects. If debts are to be considered, each of the partner has to pay
their own debts unless an agreement has been formed between them.
This file will be discussing about beneficial interest in the property. The discussion will
make things clear about where the partners stand in the views of legal system. The distribution of
the properties rely on this. It is a term which presents that if the owner of the property allows the
other partner, then he or she can live or use for the benefits. This is something which is available
to such couples regarding the distribution of property after break up.
Furthermore, there are research methodologies which have been used in this. Socio legal
methodology has been used which is takes into account the social situation in understanding the
circumstances of the people living in the society. This is the best way to analyse by including the
perceptions of different individuals in cohabiting relationship. From this method, the impact on
economy, social and political context will also be explained in this file to make the information
more relevant and meaningful. Property is an important asset which holds huge value and should
be dealt with the provisions of laws.
Apart from all the above-mentioned things, there will be evaluation of situations along
with a comparison of the earlier circumstances with the current one. It will be helpful in
determining the progress that has taken place for this aspect. Also, the position of cohabiting
couples can be identified which can help in making new laws or make the existing statues strong.
There are various legal principles which are going to be included in this report for
applying them in the real scenario to understand the position of cohabiting couples with respect
to property. Furthermore, legal issues which have happened earlier and can be used for deciding
future cases will be explained in this report for getting solution for current problems. The
judgements given earlier have been established on the basis of various legal provisions and
amendments along with all the amendments so that no scope for errors can be left in that.
The further development in existing legal principles is also going to be added so that can
be applied by legal institutions. It is civil matter which should resolved in civil courts. Some of
the Acts that will be included in this Law of Property, 1925 which contains the legal provisions
related to real property. It defines transfer of ownership with or without conditions and executing
of contracts before such transaction. There are rules and regulations related to various rights of

cohabitation such as renting home together for which agreements are executed so that any
disputes or conflicts in a future date can be avoided.