Cohabiting Couples; Establishing a Beneficial Interest

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This 6 page paper looks at English law and the situation where on the breakdown of a relationship between cohabitants there is no overarching principle under which the parties' assets can be distributed. In the absence of a formal declaration of trust, two legal mechanisms assume relevance. This paper looks at the different mechanisms, those of a constructive or an inferred trust as well as the role of estopple and considers the ability of these to deal wit the distribution of assets in a fair manner. The bibliography cites 4 sources.