ABSTRACT
Both the academic and vocational student will be familiar, through study of the core subjects, with the range of property problems which arise where cohabitants buy and occupy property together. Later chapters of this book deal with the existence of remedies available to cohabitants for domestic violence, the operation of the Child Support Agency in obtaining maintenance for children from their absent parents, and the provision made (under the Children Act (CA) 1989) for unmarried fathers to obtain both parental responsibility and other orders in respect of their children (for which see further Chapters 24 et seq). Unfortunately, there is very little else apart from this small portfolio of remedies which is available to unmarried parties when a relationship breaks down. However, two other useful possibilities should be stressed:
• a Children Act Capital (Transfer of Property) Order, which may be obtained under the CA 1989 to enable an unmarried carer parent to secure the occupation of the former cohabitational home for that parent and the child or children (although this is normally only until the child or youngest child attains majority (see T v S [1994] 2 FLR 883), thus normally leaving the carer parent without a home in middle age); and
• the Law Reform (Succession) Act 1995, which has improved the rights of cohabitants on the death of their partners.
