Solicitors for Cohabitation
There is significant difference between the legal rights you have in relation to property, finance and children if you are married or unmarried. This is also the case for same sex partnerships. Many people are led to believe that if they live with someone for a period of time that they become a “common law” spouse and obtain rights similar to those of a marriage couple. This is not the case.
Cohabitation and children
Unlike mothers, fathering a child does not always mean you have ‘parental responsibility’ for that child. Lacking the parental responsibility for a child means that you have no legal right to play a part in the life of your own child. Read More
If your relationship has come to an end, although you will not be entitled to maintenance from your partner or any lump sum payment, this will not be the case for any children you have together. One of you may want to sell the property which you may own jointly whereas the other may wish to remain in the property with the children.
Property
You may be wondering what happens to a cohabiting couples property when a relationship comes to an end? The legal owner during the relationship will remain the legal owner after that relationship has come to an end. Each party will retain their own property. However the situation can become problematic when property is purchased jointly. It is usually the case that if you have contributed a different share in the value of the property then you only retain that share of the value but this is difficult to prove. The same principle will apply to your home. It seems cruel but if you have lived with your partner for whatever period of time in a house that is solely their property then even then you may not be entitled to that property.
If your relationship has come to an end and you are concerned as to what will happen to your property that you may own, whether personal property or your home, contact us here or call 0800 987 8156
How to avoid problems that may present themselves at a later date
One solution is to enter into a Cohabitation Agreement. Similar to that of a Pre-nuptial agreement a cohabitation agreement will lay out a couple’s intentions regarding how property should be divided should a relationship end. Unlike Pre-nuptial agreements, Cohabitation Agreements can be enforced by the courts. They are binding contracts.
It may be considered a negative approach to a relationship to decide what happens when a relationship ends at a time when a relationship is on steady ground. It is important to remember however that if your relationship does not end in marriage then your rights to property are limited and you can find yourself in a vulnerable or uncertain position – uncertainly can lead to huge legal costs.
At Kew Law we have the knowledge and the know-how to best advise you. Contact our Family Law Solicitor here of call 0800 987 8156 for an appointment.
What happens to my property after my death?
If you are unmarried and you do not have a will then the intestacy rules will apply and your property will be left to your immediate relations. Your cohabiting partner is likely to be left without anything. If you wish your partner to benefit from your estate then it essential that you make a will. Beyond the benefit that you may or may not have conveyed to your partner through your pension scheme, your partner will not receive any benefits that would otherwise be paid to a spouse.
At Kew Law our Private Client department has the experience to prepare a will that best reflects your wishes. Contact us here or call 0800 987 8156 to make an appointment.
Solicitors in Braintree, Witham, Maldon, Colchester, Wickford, Burnham-on-Crouch and Chelmsford
