Cohabitation Glossary

The deliberate use of unlawful force on somebody, ranging from just touching them to the use of physical violence. But such force may be lawful as, for instance, where it's authorised by agreement (medical treatment or sport) or in self defence.

People who own property jointly in equal shares. If one dies, their share passes to the others by survivorship. In other words, no matter what their Will might say, the deceased's share will go to the surviving tenant(s). To avoid that result, the joint tenancy can be severed; see Severance of a Joint Tenancy.

Persons who own property jointly but not necessarily in equal shares. If one dies, their share passes to their heirs.

That part of English law that derives from ancient custom and judicial decisions. It is sometimes called the unwritten law because it is not codified like civil law but it is, of course, written down in many law reports. See also Equity.

a. The value remaining after all prior claims on an asset have been met. Hence the value of a house less the amount currently outstanding on the mortgage (known as the 'equity of redemption'). Or the value of the shareholders' interest in a company. b. The system of law developed from the 16th century in the Court of Chancery alongside the Common law. The two systems were merged long ago but some aspects survive, notably the distinction between the legal estate (common law ownership) and equitable estate (beneficial ownership) in property. Although the equitable owner is entitled to all the benefits derived from the ownership, it is generally the legal owner who has to execute any documents and be named as a party in court actions.

A person with legal control of, and responsibility for, a child.

See Beneficial Joint Tenants.

The Legal Services Commission runs the legal aid scheme in England and Wales. CLS (Community Legal Service) helps people with civil legal problems, such as family breakdown, debt and housing. CDS (Criminal Defence Service) helps people who are under police investigation or facing criminal charges.

All property other than real property. Personal property, or personalty, is contrasted with interests in land, or realty, for historical reasons but there are still important differences, for example in the way they can be transferred.

In Scotland, this is a way of holding property so that, when one of the joint owners dies, their share passes automatically to the others. See Beneficial Joint Tenants.