Reform of the Law Relating to Property Rights on the Breakdown of Cohabitation

The constructive trust in England has traditionally had a rather limited role to play. In some cases of constructive trusts, there is evidence that the parties actually have agreed as to the beneficial ownership of the house. For those people who view the existing law as being unjust and unsatisfactory, the obvious question is what reform might be possible. One solution would, of course, be legislation to enable the courts to make property adjustment orders at the end of cohabitation arrangements. There has been a significant increase in the incidence of non-marital cohabitation. The increased phenomenon of cohabitation has led to problems relating to ownership of the home after the relationship has broken down. The chapter considers how English law has approached and contrasts that approach to that taken elsewhere in the Commonwealth in order to suggest how English law may develop, if results such as that in Burns are to be avoided in the future.