Abstract
This case note reflects on the recent Court of Appeal’s decision in Tousi v Gadydukova [2024]
ECWA Civ 203 which focused on transferring a joint tenancy under sections 53, 62(1), and
schedule 7 of the Family Law Act (FLA) 1996. It interrogated if the parties to a “void” marriage
were included in the definition of “cohabitants” in paragraph 3 of the FLA 1996, or if paragraph
2 would apply to them instead. Hence, this case note explores the facts in Tousi’s case, the
court’s decision, and its implications on the transfer of tenancy under the FLA, housing, and
property rights in England and Wales.
ECWA Civ 203 which focused on transferring a joint tenancy under sections 53, 62(1), and
schedule 7 of the Family Law Act (FLA) 1996. It interrogated if the parties to a “void” marriage
were included in the definition of “cohabitants” in paragraph 3 of the FLA 1996, or if paragraph
2 would apply to them instead. Hence, this case note explores the facts in Tousi’s case, the
court’s decision, and its implications on the transfer of tenancy under the FLA, housing, and
property rights in England and Wales.
| Original language | English |
|---|---|
| Journal | Common Law World Review |
| DOIs |
|
| Publication status | Published - 12 May 2025 |