Article: Property Rights of Cohabitants: A Comparison of Four Jurisdictions

This article compares the approaches taken by four common law jurisdictions, namely, England and Wales, Canada, Singapore and Hong Kong, in dealing with financial and property rights of unmarried heterosexual cohabitants. The law in each jurisdiction is evaluated according to its logic and consistency (principle) and its ability to fairly balance the need for autonomy and protection of the vulnerable (pragmatism). Common themes identified from the comparison are subsequently analysed. This article then proposes a legal framework which can be developed by the Hong Kong courts to settle familial property disputes, particularly between cohabitants, which seeks to satisfy both the requirements of principle and pragmatism.