The Property Rights of Cohabitees ― An Analysis of Equity's Response in Five Common Law Jurisdictions

Although disputes upon the termination of a marriage are usually resolved in accordance with a legislatively determined scheme, similar disputes between unmarried cohabitees (except in certain Australian jurisdictions) fail to be determined on the basis of rules developed by the courts. Much of the difficulty surrounding the area is attributed to the fact that it straddles a number of the traditional legal compartments, falling somewhere between equity, property, family, contract and restitution. The present book attempts to break down some of the barriers which in the past have hindered a full understanding of the issues involved. It begins with an introductory chapter which places heterosexual and homosexual cohabitation in its general social and legal context. The focus then turns to a doctrinal analysis of equity's response in five common law jurisdictions. A comparative approach is taken throughout this book, culminating in a concluding chapter which draws together a number of themes which recur across the various doctrinal approaches.