Cohabitation and Trusts of Land provides practical guidance for family solicitors engaged in property disputes between cohabiting or other unmarried couples.
It explains the key legislation, the Trusts of Land and Appointment of Trustees Act 1996 TLATA), and steers practitioners through all aspects of practice and procedure.
The new edition has been extensively updated and takes account of major new case law, such as Jones v Kernott, as well as the Jackson reforms, includes new chapters on Cohabitation Agreements, intervening in ancillary relief, and disputes between parents and adult children regarding property, and also includes greatly expanded coverage of mediation, occupation orders and personal obligations.
- The General Editor is Stephen Wildblood
- Explains the legal concepts that apply in unmarried family breakdown situations, including express trusts, resulting trusts and constructive trusts
- Clarifies the provisions of the Trusts of Land and Appointment of Trustees Act 1996
- Outlines the orders the court can make, who may apply, and what the court must consider
- Sets out common procedures for preparing and making applications
- Provides sample copies of the relevant forms and precedents, with advice on how to use them
- Uses checklists to help ensure nothing is overlooked
- Features a practical civil court reference section, written for those practitioners more familiar with the family court
- Supplies an easy-to-consult digest of leading cases in this area, including a summary of the main issues involved
- Examines awards made to guide practitioners on likely outcomes in particular circumstances
- Incorporates major new case law and recent trends in property disputes
