Jun/091
Cohabiting Couples who Split MUST have Legal Rights
Law reform advisers are urging courts to give cohabiting couples legal rights. In many a case of cohabiting couples breaking up, one cohabite ends up with devastating losses, whilst the other reaps economy advantages both have worked to get. The Law Commission advises that the cohabite that comes off best from the split should compensate the other.
Jun/090
‘Common law’ Husbands and Wives must have Cohabition Agreement
Couples who have lived together for over 3 years assume they are entitled to the same rights as married couples and this is just not the case. There are no rights for couples who cohabitate, especially with no children, unless they have set up agreements themselves.
A good idea would be to set up a cohabitation agreement when you decide to live together and detail what will happen in the event of a split, and who will get what. This will cost approximately £400 and though it is not legally binding, it is useful in dividing stakes in civil court.
Also, if you buy a house together and are joint tenants, have your stake in the property recorded in a Deed of Trust. Most couples are wary of such drastic actions, but it is advised to protect yourself from losing everything in an unforeseen break-up.
Jun/093
Cohabitation?
FACT - More and more people, both heterosexual and same sex relationships, are choosing to live together. Their relationship with one another is not recognised as having any legal standing and they have no special status in the eyes of the English legal system. You will therefore come up against laws which are not just out of date but messy and complicated.
If you have been living together with your partner, then you should know that there is no such thing in English law as a “common law husband/wife”. This can lead to many problems if you separate. “Who gets what?” You could also face difficulties upon bereavement of one cohabitant such as unexpected tax bills or even becoming homeless. The solution to this problem is a cohabitation agreement. This agreement will formalise ownership of assets and responsibilities in an unmarried relationship. We would also recommend that both a Trust Deed settling property rights and a Will are also essential for good legal health. Cohabitation agreements are not just for the rich and famous. Imagine if you lose what little you have. Spend a little now, save a lot later.
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