cohabitation (Hansard, 13 February 1989)

§ 64. Mr. Fraser
To ask the Attorney-General what steps are currently being undertaken by his Department or that of the Lord Chancellor in relation to increasing the rights which flow from cohabitation.

§ The Solicitor-General (Sir Nicholas Lyell)
The Law Commission is currently reviewing the law relating to intestacy, to the occupation of the home, and to domestic violence. This review will include the question of what rights should follow from cohabitation as well as from marriage.

§ Mr. Fraser
Will the Solicitor-General confirm that it is the intention of the Lord Chancellor's Department to increase the obligations of common law partners in the forthcoming legal aid regulations? Does he agree that inter vivos rights of common law partners should be increased. For example, a common law wife who has lived in a home owned by her common law husband for many years should have rights of security and proprietary rights in the matrimonial home as well and, so as not to be sexist, vice versa?

§ The Solicitor-General
People in that position already have some rights and the Law Commission is considering whether they should have further rights. Such rights as they have at the moment will be taken into account appropriately when the regulations to which the hon. Gentleman referred come forward.

§ Mr. Holt
Does my hon. and learned Friend agree that whatever the rights are, it is very important that the mechanics match those rights? Is he satisfied with the work of the legal aid office in Newcastle which allegedly dictated a letter on 19 January, typed it on 1 February and which was finally delivered on 9 February after I had contacted the office by telephone? That communication related to the "tug-of-love" case between one of my constituents and a child's mother. Does my hon. and learned Friend agree that that case was put in jeopardy, whatever the rights may be, because of the length of time involved?

§ The Solicitor-General
That seems a far cry from cohabitation. However, if my hon. Friend will write to me, we will look at the case.