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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Positive: Professionalism, Quality, Responsiveness

“Just completed the sale of a house using Laura Wilkinson of AMD’s Clifton Bristol branch. Laura was very responsive, succinct and delivered on what she promised. A fixed fee was agreed in advance and the invoice received reflected this. Laura is proactive in her approach and needs no chasing – unlike some other solicitors acting for other members of the sales chain. I definitely want to use Laura for all future domestic conveyancing work”

01/03/2021
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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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Positive: Professionalism, Quality, Responsiveness, Value

I wish to thank AMD solicitors and especially Grant McCall and Helen Brewer. It has been a hard year for businesses, but thankfully having Grant and Helen by my side in every step of forming my new company, it was a blessing! We had to work together on multiple occasions from the initial theoretical structure of my new business to the final touches of all the material and non-material aspects of it! I can’t thank you enough for giving me the gift of “peace of mind”. Now I can look at the future without being pulled back to rebuilding basic structures of all the legal aspects of my new company. Thank you Grant and Helen. Thank you AMD solicitors.

01/01/2021
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Alison Dukes

Director, Solicitor and Collaborative Lawyer

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Jo Morris

Solicitor and Collaborative Lawyer

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