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
A massive thanks to you and Ana for drawing up Zanshin Film’s Terms and Conditions. You both listened carefully to, and completely understood a few very industry specific requirements that I had, and these have been integrated into the legal-speak !
I feel very confident going into new jobs now, knowing that I have a watertight, and if needed, enforceable set of Terms and Conditions.
Zanshn Films LTD
“Extremely easy to work with” – I instructed Grant McCall of the Commercial Team to help me ‘formalise’ a Partnership Agreement.
I corresponded both with him as well as a member of his team, and it was very straight forward. More than likely will use the Firm again. Firmly recommended.18/09/2018
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
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