Unmarried Couples Rights
The myth of common law marriage and the fact that many official bodies refer to people “living together as husband or wife” means that many people who live together are not aware that they do not have the same rights as a married couple when their relationships end.
Moving in with your partner is an exciting experience, so it can be difficult to even comprehend what would happen if you were to break up. Unfortunately, there is no legal protection for people in this situation.
If you purchase a property with your partner or even move into their home, you will not automatically acquire a share or right to it even if you do contribute towards it.
Cohabitation agreements
A cohabitation agreement is a legal agreement which sets out the terms upon which the couple shall live. Cohabitation agreements set out who owns what and in what proportion and allows the couple to document how they will split their assets should the relationship break down.
An agreement can be drawn up prior to you moving into your partners property or purchasing a home with them. This agreement sets out what will happen to any property money or possessions after a separation. There are no restrictions on what you could include in a cohabitation agreement.
Property Rights
When purchasing a property with your partner, it is vital that you understand and agree on what will happen should you separate or if one of your passes away unexpectedly. It is vital that you have an agreement in place prior to purchasing a property. This document is referred to as a Declaration of Trust which will include the following:- In whose name the property will be registered.
- How the property will be owned
- What happens if one of you puts in more money by paying a bigger share of the deposit, or makes greater mortgage repayments, than the other? How will that be dealt with if one of you dies or you split up and the property must be sold?
- If you split up and one of you moves out before the property is sold, who pays the mortgage and other bills pending the sale?
- Assuming that you do not split up and everything goes well, how will mortgage payments and other bills be shared?
Why choose Westridge Legal?
Our team of family lawyers are aware of the sensitivity and complexity involved in cohabitation agreement matters. We understand that every individual requires different care and are here to support you.
Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.
If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.
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