Reforms needed on property laws on cohabitation

Abstract

The Marriage Act does not tackle the issue of cohabitation; However, it defines what to cohabit 1. The definition of cohabit given is; This is an arrangement where an unmarried couple lives together in a long term relationship that resembles a marriage. This will be the working 2definition that is used in relation to cohabitation. The statement of the problem of the paper is that there are no laws that cater to couples in cohabitation relationships. This lack of laws can be viewed in areas as with regards to property matters and succession matters. The Judicature Act recognizes common law as a source of law. 3The study needed to be carried out as the parties involved in cohabitation unions need to have laws that would address the issues as with regards to property and succession matters. The assumption used is that is that parties in cohabitation unions have rights that are required to be granted to them. It is also an assumption that the parties in cohabitation unions are aware of the rights. The courts have taken into account common law as a source of law which recognizes the common law marriage or the presumption of marriage. That has resulted in the recognition of cohabitation in Kenya by the courts under the presumption of marriage as seen in Hottensiah Yawe vs. Public trustee. 4