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The number of unmarried couples who are living together has greatly increased over the years. Statistically over one third births are outside marriage.


Ownership of the home

When purchasing a property jointly with your partner, it is important to consider whether the property should be owned as joint tenants or tenants in common.

An effective way to clarify beneficial interest in a jointly owned property is by using a Declaration of Trust.

If the correct procedure was adopted when the property was purchased, the couple’s intentions as to ownership should be clear.

It is open to one party to buy out the other’s interest. If this is done, prior permission of any lender must be sought.

In contrast to divorcing couples, any transfer will be liable to Stamp Duty on the consideration paid, plus the amount of any mortgage debt assumed.


Cohabitation agreements

An unmarried couple can enter into an agreement setting out arrangements which will apply while they are living together, as well as establishing rights on the breakdown of the relationship.

Our specialist Solicitor can advise you on the validity of Cohabitation Agreements, the general principles of the law of contract that govern these Agreements and the enforcement of them.


Breaking Up

When unmarried couples split, neither party has the right to claim maintenance from the other. Maintenance can nevertheless be claimed for children of the relationship.

The main dispute will more than likely be cantered around ownership or occupation of the home.


By Preeya Rampersad


To arrange an initial free consultation top discuss your financial position, please call us on 020 8300 6666 and arrange a metting at one of our offices:


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