It is important to consider the legal implications for you and your partner if you are going to live together.
If the relationship does not endure it is important to resolve the legal issues properly to avoid problems arising in the future or to have entered into a written agreement prior to cohabiting to try to avoid a dispute if you later separate.
More people are either choosing to live together before they get married or deciding not to get married. Sadly people assume there are cohabitation laws in place to protect their rights but this is not the case. This leaves people then having to look at whether there is anything in property law; or contract law; or equity and trust law which may assist.
At Rutters Solicitors we can look at your specific circumstances and then advise you on whether you have any rights, interests or responsibilities and what steps you may need to consider to protect any interests or rights, or what steps need to be taken to resolve issues which have arisen.
Our solicitors have the expertise to help you when it comes to Cohabitation and Property Rights for example:
- Cohabitation agreements – living together agreements to clarify financial obligations and property ownership at the outset.
- Declaration of trusts – to set out what interests you each have in the property which is either owned solely by one of you or jointly by you both. A declaration of trust should ideally be discussed and entered into prior to the property being purchased or money being put into a property. Also, if a property has already been purchased, you should consider obtaining advice prior to paying money towards improvements to the property or reducing down the mortgage, to protect your investment.
- Variation of interests or declaration of trusts – for example this may happen if one of you decides to pay towards property improvements or pay a lump sum off the mortgage, prior to the person putting more money in they may wish to ensure they obtain a greater interest in the property this could be dealt with by way of a declaration of trust; or varying an existing declaration of trust or a legal charge.
- Advising you on your interest in a property which may be jointly owned or solely owned by one of you.
- Deed of Agreement and Separation Agreements – an agreement setting out the settlement if you and your partner separate, where you are not married to one another or in a Civil Partnership.
- Financial support for children.
- Claims and proceedings under the Trusts of Land and Appointment of Trustees Act 1996 court proceedings.
- Claims and proceedings under the Inheritance (Provision for Family and Dependants) Act 1975
- Claims under Schedule 1 of the Children Act 1989
We appreciate you will, of course, be concerned about incurring legal fees. We can advise you fully about our hourly rates and the estimated cost of any work you wish to be carried out. Details of our costs will be discussed with you at your first appointment.
For new clients seeking initial advice a one off discounted 1 hour initial consultation can be arranged. For more details please contact us.