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The Property Rights of Cohabitees, by John Mee. Oxford: Hart Publishing, 1999, xxxvii + 320 + (index) 11 pp (hardback £30) ISBN 1 901 362 76 0
Published online by Cambridge University Press: 02 January 2018
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- Copyright © Society of Legal Scholars 1999
References
1. I have used the more usual terminology of ‘cohabitants’ rather than ‘cohabitees’. For criticism of the latter term see M Freeman and C Lyon, Cohabitation Without Marriage (London: Cower, 1983), p 5.
2. At p1.
3. It could also be argued that Mee's analysis constructs cohabiting women as the ‘problem’ for property law, since the developments over the last 30 years have in part been a response to the difficulty that women have faced in satisfying the requirements of property law.
4. See R Probert ‘Home-sharing - Widening the Debate’ [1999] Fam Law 153.
5. At p 320.
6. Ibid.
7. [1995] 1FLR70.
8. C Harpum, ‘Cohabitation Consultation’ [1995] Fam Law 657.
9. [1972] 1 WLR 1286.
10. At pp 21–22.
11. See p 24, especially fn 107.
12. (1994) 117 DLR (4th) 228, described at p 23.
13. Bums v Burns [1984] Ch 317.
14. At p 148.
15. At p 221.
16. At p 82.
17. At p 39.
18. See the views of Lord Browne-Wilkinson in Tinsley v Milligan [1994] 1 AC 340 and Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1994] 4 All ER 890. Note also Lowson v Coombes [1999] 2 WLR 720.
19. Midland Bank v Cooke [1995] 4 All ER 562.
20. At p 118.
21. Thus he argues that thejudges in Evesv Eves [1975] 1 WLR 1338 and Grant v Edwards [1986] 1 Ch 638 were not inventing agreements but merely giving effect to the common understanding that beneficial title would be shared: at pp 122–123. Cf S Gardner ‘Rethinking Family Property’ (1993) 109 LQR 263.
22. At p 154.
23. [1897] 1 Ch 196.
24. At p 313.
25. Examples include the New South Wales De Facto Relationships Act 1984, Victoria Property Law (Amendment) Act 1987, Northern Temtory De Facto Relationships Act 1991 and ACT Domestic Relationships Act 1994.