Constructive Trusts for Litigators - Common Issues Explored

Introduction

Cohabitating couples continue to rise (estimated to be around 6.5 million people in England and Wales) and is considered to be a new norm in our society. Unfortunately, the law in England and Wales has, and continues to, fail cohabiting couples as it does not keep pace with the changing landscape and other jurisdictions. Regardless of the length of their relationship, cohabiting couples still have no automatic financial right when the relationship ends, even if there is financial dependency and/or if they have children together. On a relationship breakdown, this leaves cohabitees navigating complicated and outdated trusts law to resolve disputes on property ownership and occupation and limited financial claims if there are children under Schedule 1 of the Children’s Act 1989 and the Child Maintenance Service.

This virtual classroom seminar works through the background to the current legal framework, helps to work through some common issues and disputes arising on property ownership, and looks forward to potential reform for cohabiting couples in England and Wales.

What You Will Learn

This live and interactive course will cover the following:

• Brief background on the law relating to cohabitating couples in England and Wales
• Preliminary considerations: engagement of former cohabitees, declaration of trust, proprietary estoppel, and release of interest by joint tenant
• Starting point for cohabitees
• Test and/or how to prove/quantify ownership
• Cohabitees: constructive trusts - sole and jointly owned properties
• Cohabitees: constructive trusts - domestic and commercial properties
• Application to other assets other than property and other considerations
• Procedure for seeking declaratory relief under the Trusts of Land and Appointment of Trustees Act 1996
• Cohabitees: proprietary estoppel and claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Looking forwards - changes on the horizon for the law relating to cohabiting couples?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.