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.
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.
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
Hollis Morgan has an excellent working relationship with AMD in both their probate and conveyancing teams and regularly refer them to our clients. Without fail we have had excellent feedback with clients especially commentating on the individual care and attention they have received and the prompt return of phone calls.18/12/2018
I previously used AMD on a commercial basis, and needed some matters trust-related to be dealt with. I was put through to Andrew Jack, and the services he has provided, have been excellent. At times, he has brought in Florence, and our Family have always felt at ease with AMD’s Client Care. Strenuously recommended.15/03/2019
We received an excellent and efficient service from start to finish. We couldn’t fault the highly professional support and always felt we knew exactly what was going on, and what we needed to do next. Couldn’t be faulted.20/02/2019
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