Dealing with property issues on cohabitation breakdown

The objective of this research was to examine the experience of separating opposite-sex cohabitants when there are money and/or property issues to resolve with a former partner. Around 30% of the adult population of Great Britain is thought to be cohabiting. Previous research suggested a widespread misconception that cohabitation gives rise to a ‘common law’ legal status akin to marriage. There is also a widespread view amongst legal practitioners and academics that the present law fails to meet the needs of cohabitants and operates unfairly. This research aimed to test views of the adequacy of the law by an in-depth contemporaneous investigation of the practice of the various professionals involved, including both family and property lawyers, mediators and CAB advice workers, in handling the problems of a sample of separating cohabitants, and of the expectations and experience of their cohabitant clients. Interviews with practitioners and cohabitants were conducted over a period of around eighteen months. The researchers also examined court files relating to concluded disputes to determine what kinds of outcomes are produced, and CAB files to shed light on the range of enquiries received