Burns v Burns [1984]

Burns v Burns [1984] Ch 317 is a notable case in English property law that navigates the complex terrain of beneficial entitlements for unmarried cohabitants. The case delves into the intricacies of financial contributions, homemaking, and the acquisition of property within the context of a long-term cohabitation.

Valerie Burns, the plaintiff, cohabited with Patrick Burns, the defendant, for an extended period of 19 years without entering into marriage. The house, the focal point of the legal dispute, was purchased in the defendant's name, with him solely shouldering the purchase price and mortgage instalments. Valerie Burns, although not contributing financially to the acquisition, played the role of a homemaker, dedicating herself to domestic duties. She did, however, make financial contributions to household bills and participated in redecorating activities.

The crux of the judgment lies in the determination that, in the absence of a financial contribution directly linked to the property's acquisition—such as mortgage instalments—a right to a beneficial entitlement to a family home is not established. The court held that homemaking and non-financial contributions alone do not confer a legal right to a share in the property's ownership.

This decision was subsequently affirmed by the Court of Appeal, where Lords Justice Waller, Fox, and May concurred on the pivotal principle that financial contributions related to the property's acquisition are crucial in establishing a beneficial entitlement for unmarried cohabitants.

This case contributes significantly to the legal landscape surrounding the property rights of unmarried cohabitants. By emphasising the importance of financial contributions directly tied to the property's purchase, the case sets a precedent that seeks to balance the interests of cohabitants within the bounds of property law. The decision underscores the need for a tangible and monetary connection to the property acquisition for a claim to beneficial entitlement.

In summary, this case provides clarity on the parameters of beneficial entitlements in the context of unmarried cohabitation. The case underscores the significance of financial contributions directly linked to property acquisition, offering guidance on the determination of rights concerning the family home. It stands as a key reference in understanding the legal principles governing property disputes among unmarried cohabitants in English law.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.