LIVING TOGETHER / COHABITATION AGREEMENTS –
Cohabitation is a great way of showing your commitment to each other, it may not give you the same rights rights as ‘common law’ spouse but there are other great benefits.
Unlike married couples or those in a civil partnership, separating cohabitees will normally have no claim to any property or assets in the other person’s sole name. Assets in one person’s sole name will be presumed to be owned by them alone, unless it can be proven otherwise. Any joint assets will usually be split 50/50.
Separation can have a life changing impacts on you, your family and your finances. It may be useful to have a cohabitation agreement and a will in place instead. At Dylan Nair Solicitors we aim to work through the process of entering a cohabitation agreement with you, by providing assistance and support along the way. If you are not married or in a civil partnership, then you have little or no protection over assets, so why not call today and discuss your options.
WHAT RIGHTS ARE GIVEN TO THOSE WITH A COHABITATION AGREEMENT?
Although having a cohabitation agreement may not seem like the most romantic thing to do when moving in together, but it protects your future and can make things fairer and offer a form of security.
Most cohabitation agreements include:
– Legal shares within your home/property.
– Paying mortgages and other property costs.
– Pension schemes.
– Settling debts.
– Splitting shared savings.
– Custody of family pets.
– Dealing with shared businesses.
– Temporary arrangements while you deal with separation.
WHAT IS THE LAW WITH CHILDREN WHILE COHABITING?
The law is the same regarding children whether you are married, in a civil partnership or cohabiting. The resident parent is entitled to receive child maintenance from the other parent, unmarried mothers automatically have parental responsibility and unmarried fathers only have this under certain circumstances.
WHAT RIGHTS ARE GIVEN IF A PARTNER DIES WITHOUT WILL?
Without a will you have no automatic rights to benefit from their estate, you can attempt to claim using the Inheritance Act 1975. However, all claims will be considered by the court making it a long and expensive journey.
IS SPOUSAL SUPPORT AVAILABLE AFTER A BREAKUP?
Sadly, cohabiting couples don’t have the same financial responsibility as married couples because the legal position isn’t the same. Child maintenance can still be paid to contribute towards child costs but no maintenance will be received for your own benefit.
Find out what your next steps are by calling us on 01772 494366 or by filling in our contact form.
DYLAN NAIR SOLICITORS LTD.
Registered Office: 55 Garstang Road, Preston, Lancashire, PR1 1LB