The law relating to unmarried couples is complex and often misunderstood. Anyone living together should seek legal advice on how to protect their interests. We can advise on:

 

OWNERSHIP AND OCCUPATION OF PROPERTY

If a home is held in one partner’s name, the other partner does not have the right to continue to occupy it. They may be able to claim a share of the proceeds of the property on a sale, however, depending on whether they have reached an agreement with their partner and whether they have contributed to the value.

For cohabiting couples, who jointly own property, the landmark case of Kernott and Jones is a cautionary tale! In this case a Judge decided that Mr Kernott still owned 50% of the property, even though he had moved out 17 years previously, without making any further contributions to the property or the mortgage.

We can draw up binding agreements to set out a couple’s financial responsibilities to each other and their shares in joint property.

 

FINANCIAL PROVISION

Unmarried partners have no rights for maintenance or capital sums from their partner on the relationship ending. The partner who cares for any child of the relationship can seek maintenance on the child’s behalf through the Child Support Agency. They may also be able to claim capital sums for the child’s benefit through the court.

 

INHERITANCE

An unmarried partner does not automatically inherit their partner’s estate. It is therefore essential that unmarried couples make mirroring wills to ensure that they have control over what happens to their estate once one of them passes.

What our Clients say

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“I simply cannot recommend AMD highly enough. There are a myriad of Solicitors available so how do you know who to choose? I instructed AMD to act on my behalf for the sale of, sadly, my deceased brother’s property. AMD have been outstanding, dealing with enquiries with real diligence and pace keeping me informed every step of the way, right from my initial enquiry through to completion. The whole team at AMD were superb, but a special note of thanks to Aleksandra Wegera who was exceptional. I highly recommend AMD and would use AMD again without any hesitation”

24/06/2021
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“Laura and Jo handled our conveyancing through multiple attempted purchases, and were nothing but professional, responsive and pleasant throughout. They did their work thoroughly and put a lot of effort into our purchase. We would happily use their services again!”

16/05/2022
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“Have been a very happy customer of AMD for many years now. Laura Wilkinson has completed many property transactions for us in that time – both simple and some very complicated. All done with speed, precision and good humour. Someone to have on your side at any time”.

08/08/2022
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TALK TO OUR SOLICITORS

Alison Dukes

Consultant Solicitor and Collaborative Lawyer

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Jo Morris

Solicitor, Collaborative Lawyer and Head of the Family Department

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