Deed of Co-Ownership
Moving in together so you have doubts?
While
you remain unmarried, you can agree in writing how 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. Not very romantic but promises tend to come
back and haunt you!
Related topics you may find useful:
Cohabitation
Unmarried couples
and property
Unmarried couples - rights in
English law
Buying property together
Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to
set up an appointment