Q&As

Can a cohabitant who is claiming an interest in a property by virtue of a promissory estoppel or constructive trust apply under section 36 of the Family Law Act 1996 for an order to prevent them being evicted from a property that they have lived in for 14 years? The cohabitee has served notice to quit. What is the relevant case law on this?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 07/11/2018

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a cohabitant who is claiming an interest in a property by virtue of a promissory estoppel or constructive trust apply under section 36 of the Family Law Act 1996 for an order to prevent them being evicted from a property that they have lived in for 14 years? The cohabitee has served notice to quit. What is the relevant case law on this?

Can a cohabitant who is claiming an interest in a property by virtue of a promissory estoppel or constructive trust apply under section 36 of the Family Law Act 1996 for an order to prevent them being evicted from a property that they have lived in for 14 years? The cohabitee has served notice to quit. What is the relevant case law on this?

Section 36 of the Family Law Act 1996 (FLA 1996) extends the scope of occupation orders to a cohabitant or former cohabitant who does not have an existing right to occupy the property in question. Where the applicant is in occupation, the court can make an order requiring them not to be

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