Marilyn Stowe Blog

Archive for the Cohabiting Couples category

Death and the unmarried couple: what happens to the house?

The latest Law Commission report points to confusion about what happens to the estate of a deceased person who dies intestate, whether married or unmarried. I know about the injustices that can occur all too well. A few years ago I acted for a very pleasant man who was getting divorced. He went on to buy a property with his new partner. The man and his partner were unaware that on his death, a claim could be made against his share of the house on behalf of his children. So what happened next?

Continue Reading …

Kernott v Jones on BBC Breakfast

Earlier today I appeared on BBC Breakfast, to discuss the Supreme Court’s ruling in Kernott v Jones. Accompanying me on the sofa was Patricia Jones, whose appeal against the decision to award her former partner half the value of their jointly-owned property was upheld by the five Supreme Court justices who heard the case. Of course, I am not the only lawyer to have blogged about Kernott v Jones this week.

Continue Reading …

What the Kernott v Jones judgment means for cohabiting couples

I wrote about the possible outcome of the Kernott v Jones case yesterday after reading the Court of Appeal judgment in the case, and noting Lord Justice Jacob’s dissenting judgment. I couldn’t see any reason to fault his argument, which made a lot of sense.

Continue Reading …

Kernott v Jones in the Supreme Court: what you need to know

The long-awaited judgment in the case of Kernott v Jones is to be handed down by the Supreme Court tomorrow. In the case itself, not a lot of money was ever involved. However the legal principles have taxed some of the most brilliant legal brains in the country.

Continue Reading …

Cohabitation on BBC Radio 4 Woman’s Hour

Earlier today I appeared on BBC Radio 4’s Woman’s Hour, alongside Harry Benson of the Bristol Community Family Trust, to discuss cohabitation and the Government’s abandonment of plans to give cohabiting couples greater legal protection. If you are a first-time visitor to this blog after listening to the programme: welcome! As you will know already, this latest development is a controversial one.

Continue Reading …

The Experts: Government wrecks cohabitation reform in just 150 words

This is a slightly expanded version of my latest post for The Times, which appears on The Experts blog today. In 2005, the Government asked the Law Commission to report on possible changes to the …

Continue Reading …

Catching up with “runaway dads”

“A Tale of Two Fathers”, reveals that although fathers who live with their children are likely to participate more fully in their lives, the proportion of children who live apart from their fathers has soared.

Continue Reading …

Kernott v Jones: a case of square pegs and round holes

The case of Kernott v Jones is being hailed by some family lawyers as, potentially, the “new White”: a reference to the ground breaking case of White v White, heard by the House of Lords in 2000, which radically altered the landscape for divorce settlements. Kernott v Jones is a cohabitants’ property dispute. In 1985 the parties purchased a property in joint names. The deposit was paid by …

Continue Reading …

Cohabitation rights: three cheers for Lord Justice Wall!

Lord Justice Wall, the President of the Family Division, has said that cohabiting couples who split up should have legal rights to a possible share of property and money. In an interview with Frances Gibb of The Times and published today, Sir Nicholas Wall notes: “Women cohabitees, in particular, are severely disadvantaged by being unable to claim maintenance and having their property rights …

Continue Reading …

The Centre for Social Justice rides again

The latest report from the Centre for Social Justice Have you seen the latest report from the Centre for Social Justice? I am no fan of this right-wing think tank, founded by Iain Duncan Smith MP, …

Continue Reading …

The law on cohabitation and property: who owns the house? By guest blogger Paul Read.

Cohabitation is a complex area of family law and one that becomes more confused and murky by the week. Take property ownership. Very often cohabiting couples do not equally hold property, with one …

Continue Reading …

Cohabitation: what has Australia got that England hasn’t? By guest blogger Jennifer Hollyer

A blog reader enquired recently about the cohabitation legislation in Australia, asking: “Are you familiar with it and its effects and what is your opinion?”  This was an interesting request, so I asked Jennifer Hollyer, a talented trainee …

Continue Reading …

JK Rowling & single mothers: from a family lawyer’s perspective

JK Rowling makes a very sympathetic case in The Times for the plight of lone parent families living on benefits.  If she wasn’t known to be such a great friend and supporter of the Labour Party …

Continue Reading …

Why I disagree with Baroness Deech and her views on cohabitation

Today I appeared on BBC Radio 4 Woman’s Hour in a debate with Baroness Ruth Deech about the subject of cohabitation.

Continue Reading …

Rights for cohabiting couples: how far will the government dare to go? By guest blogger Isabel Thornton

I have a personal interest in the Law Commission’s proposals to revamp the law for cohabiting couples, which would give cohabitees the same rights on death as married couples. As a cohabitee of almost six years, who has only recently agreed to make an honest man of her partner, would I be better off “living over the brush” – or is marriage a safer place to be? The answer is clear.  …

Continue Reading …

Awards

UK Blawg Awards 2010

About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 25 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK.

Find out more

Tweets from @marilynstowe

Loading …

Stowe Family Law on YouTube

Stowe Family Law on Flickr

IAML

IAML

Note

I write for the benefit of those who are experiencing family breakdown and for fellow family law professionals. Please note that all persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients.

Please also note the advice I give in each scenario must not be relied upon by anyone reading my blog. You must always take your own legal advice as your circumstances may be different and English family law is continually changing.

Shared on Facebook