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
“Dear Grant,
I wanted to take this time to express my gratitude towards yourself and Jack for the fantastic work you have produced on a shareholder’s agreement for our company, Howha PMI Limited.
We knew we needed a shareholder’s agreement, however, whilst we are experts in the Private Medical Insurance (PMI) field, I would say we are rather uneducated when it comes to shareholders’ agreements. Therefore, we wanted professional advice from someone who would explain the agreement, and process in plain English. Something I’m pleased to say both you and Jack achieved.
During the process we had to change the goal posts and AMD took this in their stride. We believe any company who have multiple directors should have a shareholder’s agreement in place and any company looking for one, should be contacting AMD Solicitors to set it up.
Thank you once again for your time and expertise.”
HowhaPMI Limited, July 2023
14/07/2023
“AMD Solicitors excelled in looking after us on a recent residential property sale in Bristol. They were friendly, attentive, efficient, and supportive throughout. We have also worked with AMD on commercial leases, and I thoroughly recommend them to anyone needing a reliable solicitor in Bristol”
Mr B, August 2023
08/08/2023
“I recently let a new commercial premises by way of lease reassignment. The transaction turned out to be more complicated than I would have hoped. Nick Middleton was diligent throughout, the team kept me updated and any queries were quickly answered.
My final bill was less than I expected, I cannot fault the service received. Well done all at AMD, I’m very happy to recommend”.
28/12/2023
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