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Cohabitation

So you want to move in with him / her?

While you remain unmarried, you can agree in writing with her how the joint property will be dealt with, both while you are together and if you should separate. You should make sure that your other finances are kept separate in practice, as "palimony" (equating cohabitation with marriage) may eventually come over here from the US

We can assist by drawing up a Deed of Co-ownership

Once married, divorce law cuts across all that and the matrimonial pot will be divided between you according to what a judge on the day thinks is right. Pre nuptial agreements are beginning to be taken into consideration along with other factors when dividing the matrimonial pot, but are not binding on the Judge

On your death, any dependants have a right to make a claim against your estate, if your will does not provide for them. This is another reason to keep your finances separate. It makes it more difficult for 'your partner to argue against your beneficiaries that you were financially supporting him / her, your death cut off that support, (s) he did not benefit from your will and (s) he wants to make a claim against your estate / beneficiaries asking the Judge to do what he thinks is right by way of compensation for that loss of financial support.

You must be wary of saying or doing anything in public, or indeed privately, which may lead your 'partner' and others to believe that your intentions are anything other than a convenient sharing of a home for now. Promises made tend to come back and haunt you.

Consult your heart on the matters of romance, consult me on legal matters

Related topics you may find useful:

Divorce
Unmarried couples - rights in English law
Unmarried couples and property
Deed of co-ownership
Equality

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment