Personal Law Services
Cohabitation Agreements Solicitors
Cohabitation Agreements can be entered into by any people choosing to live together whether under a commercial arrangement (such as a joint house purchase between brothers) or two people living together, but who choose not to marry.
The only difference between Cohabitation and Separation Agreemtns is the timing of them, these being created at the commencement of the arrangement. These can serve as an express declaration as to how property will be held, the circumstances in which it should be sold and how the proceeds shall be divided on sale. It can also cover other ancillary matters such as the respective contribution to utility bills, mortgage payments, insurances and other household expenditure by the parties, as well as the consequences of not abiding by any particular term of the agreement (if any).
Find out more about how Clough & Willis can assist with your cohabitation agreement today by calling us on 0800 083 0815 or allow us to contact you by completing our online enquiry form.
Remember, Cohabitation Agreements can help to set down some practical guidelines for the relationship between yourself and your partner. Thinking these things through early on should make things much clearer and less painful in the unfortunate event of a break up.
Following a recent House of Lords decision, if properly executed and subject to the criteria required by the Court, these agreements can potentially be the last word on the division of the proceeds of a house sale and when a sale should take place. If the agreement deals with how the proceeds of the sale of a house are to be divided, it should be prepared in conjunction with a conveyancing solicitor (for example at the time the property is purchased).
When Moving In Together
Before moving in together, it is well worth taking advice as to what rights you have, where you and your partner might stand in all situations and what your responsibilities will both be towards the property and to each other. A Cohabitation Agreement (sometimes called a Living Together Agreement) would constitute an expressed legal declaration as to how you would wish the property to be dealt with in the event that you separated and can be highly unlikely the Court would go behind it given the line of recent case authorities.
If a property is already owned and is to be dealt with in an Agreement as part of capital introduction or other financial assistance, the full circumstances should be explained to a solicitor so they can properly advise.
Whenever there is a dispute, the solicitor would need to know:
- The history of the relationship
- A list of both your own assets and those of your partner
- The value of property
- The contributions you might each have made to the value of the property
- Details of your earnings and whether you both have any children
The fact is that if you move in with someone and the house is only in their name, then usually you have no right to the proceeds unless you can prove a substantive financial contribution to the deposit, house or mortgage payments has been done to your financial detriment in reliance of a promise or a common intention/agreement reached between you both as to your having a share in the property.
Even if the house is not in your name it may be that, in the event of a split, you have a right to continue to live there even if asked to leave. Children can have a significant effect on when any property should be sold as it may well be the purpose of the purchase of the property in the first place has not yet been concluded.
If a property is not in joint names there is no automatic right to inherit a property if a partner dies, unless the matter is dealt with in their Will. Indeed, the fact the property is in joint names may not be to automatic inheritance and this is something that should be checked out with the help of a solicitor.
With offices in Bolton and Bury, Clough & Willis is here to help with your cohabitation agreement. Call us on 0800 083 0815 or complete our online enquiry form and we will call you back at a convenient time.
We have a dedicated section which helps to answer all your frequently asked questions about cohabitation
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