De Facto Relationships and the Law

Abstract

The law relating to de facto relationships remains in a confused state. The conflict between the traditional test of common intention, and the more modern approach of reasonable expectations leaves the current law unclear. This article looks at the de facto relationship cases of Hopkins v Sturgess and Sutcliffe v Reid. It analyses the different approaches that the judges use in order to solve similar problems. Finally, the author looks at the confusion that these differing approaches cause, and points out the need for reform in the area.

Keywords: De Facto Relationship, Common Intention, Reasonable Expectations, Relationship Property, Constructive Trust, Law Reform

JEL Classification: K39