Lucia Clark & Louise Laing on Scottish Family Law: Cohabitation - better off in Scotland?

It is perhaps one of the most enduring legal "urban myths": that a man and woman who live together for many years support each maybe have children together are viewed in the eyes of the law as being married and so when their relationship ends they will be entitled to receive a fair share of their home and any other assets. A recent case in the English Court is a very good demonstration of the harsh reality for the unmarried ex-partner.

Paula Curran and Brian Collins (both in their 50s) had been in a relationship for 30 years. Their home and valuable business which they had run jointly are owned in the sole name of Mr Collins. Ms Curran has nothing and applied to the Court for a share of these assets. The County Court judge  ruled that Ms Curran is not entitled to share in either the home or the business.  He felt compelled ignore his "human sympathies" and apply the...

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