Cohabitation Agreements
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.
PRACTICE AREAS
What our Clients say
“Rebecca Martin is for sure a golden star at AMD Solicitors! She was super-efficient with emails and always being on top of things. This has made the whole sales process extremely smooth, to the point that even I was surprised on how quickly it all finished, when you consider how many nightmare stories you read around the internet regarding conveyancing and slow responding solicitors etc.
I cannot recommend her and AMD enough!”
“First class solicitors, can’t thank them enough for their great help throughout the sale of our business”
06/11/2023
“Used AMD for conveyancing services three times and always given excellent advice and being timely and accurate”.
08/09/2023TALK TO OUR SOLICITORS
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