Family Law for unmarried couples
Part 1
A cohabitee agreement.
An entirely separate set of laws apply to a couple who live together but are not married.
Well over three million people live together in England and Wales. So, it’s fundamental that your lawyer has a firm grasp of this area of law. Usefully, we do.
It’s still all about protecting yourselves and your family.
We have full-service property and wills departments here, packed with expertise to help you buy a place together safely. It’s important that we in the family law department are on standby though, because, if you split up, we may be needed. Therefore, you may think about seeing us before you make that cohabiting commitment.
Provided there is no legal reason why we can’t act for both of you, our property department must give you advice about how you’re going to own the home together.
Whether you have a mortgage, or are lucky enough not to, it is fundamentally important that an agreement is prepared by us for you, that proves exactly what your respective ownership shares are going to be. Whether it’s straight 50/50 or otherwise, based on different financial contributions not only by each of you but by any third party. Parents or other family members providing help for a deposit, for example.
Formal Cohabitee agreements
It’s a good plan to make formal contractual arrangements for, e.g. paying the mortgage between you, paying for repairs, or buying each other out of your respective interests in your property. It will help negate any dispute as to who is entitled to what if you separate.
What can happen without a cohabitee agreement in place?
If you decide not to have one of these arrangements at all, the law is likely to state that you own the property equally. If you think that subsequently it shouldn’t be, you must prove why, otherwise possibly leading to expensive court proceedings which will consider your common intentions at the outset and during the relationship, which you will have to prove by your financial conduct and mutual understanding related to the ownership of the home.
Property ownership in one sole name only.
A similar effect occurs if you move into your partner’s property and its legal and beneficial ownership is in their sole name. The law protects the owner and it’s for you to prove that you have any share in it. Most people walk away at this point. Dead-end in the maze. If you don’t want that to be you, come and see us before you move in.
You’ll be asked about things like intentions of beneficial ownership/occupation between you now and in the future. It’s also the case in this scenario that you’ll each need independent legal advice. Do not leave it to chance.
If you’ve moved in, you may not have any legal or beneficial interest in the property at all. So, if you split up, if you want and need the same roof over your head, at least until you get yourself sorted out, you need to come and see us BEFORE you move in.
Primary carer for the children
There are exceptions where there isn’t such an agreement. You may be able to establish an unwritten implied agreement that you should be permitted to stay there. Consider for example, that you’re the main carer of children there.
Please come see us. All departments. Get it straight from the off. If that’s too late though, don’t despair, we can help pick you back up.