Reading:
| Ghaidan v. Godin-Mendoza [2004] 2 AC 557 Concerning: definition of living 'together as husband and wife' Facts Mr Wallwyn-James was the tenant of a flat. For nearly 20 years he lived there with Mr Godin-Mendoza before he died. Mr Godin-Mendoza claimed that he was entitled to take over the tenancy under the terms of the Rent Act because he was living 'as husband and wife' with the tenant. Legal principle Relying on the Human Rights Act 1998, the House of Lords was willing to interpret the phrase 'living together as husband and wife' to include a same-sex couple. The interpretation was required to avoid discrimination against people on the basis of their sexual orientation. Further, the public policy behind allowing unmarried opposite-sex cohabitants to succeed tenancies applied equally to same-sex cohabitants. |
Property of Cohabiting Couples. The case of Burns v. Burnsprovides a good illustration of the disadvantages of being a cohabitant compared with a spouse on relationship breakdown. In Burns, the female cohabitant (she had taken her partner's name) had cohabitated with her partner for nearly 20 years, during which time she had brought up the children and looked after the home. On the breakdown of their relationship, she claimed a beneficial interest in the home which was solely owned by her partner. However, the Court of Appeal dismissed her claim and, while expressing sympathy for her, held that it was the responsibility of Parliament, not the judges, to change the law. In Hammond v. Mitchell, on the other hand, the female cohabitant was successful in obtaining a beneficial interest in the home under a constructive trust on facts which were similar to those in Burns, but with the exception that Miss Mitchell and hercohabitant partner had exchanged a few words about the house at an earlier stage of their relationship. These few words were held to be sufficient evidence from which it could be inferred that she was to have an interest in the home under a constructive trust. The arbitrary and unsatisfactory nature of the law has led to increasing dissatisfaction and calls for reform.
Compare Marriage and Cohabitation: