Living together
Living together (cohabitation) is something that more people than ever are choosing to do, but naturally they tend not to think about the potential financial and legal consequences. We all want our relationships to run smoothly but sometimes things don’t go as we would like, and this is why being aware of your legal position is recommended.
It is a myth that when you live with someone you automatically get rights as a ‘common law’ husband or wife. In the worst cases, people can be left homeless when a relationship breaks down, while others will also be devastated to find that they get nothing when the home they have been living in is sold.
For others, the main problem is that they have fewer legal rights with their children than they expected. Another issue is that when someone in a cohabiting relationship dies, their partner can be left with nothing - even if a will has been made.
Although court proceedings can address some of these situations, the court's powers are limited, often vague and uncertain. All too often, this can result in an unsatisfactory outcome.
Protect your rights
Whether you are about to start living with someone or you have been doing that for some time, we can give you advice to help you protect yourself against the sort of situations mentioned above.
This can include drawing up one or more of these legal documents:
- Cohabitation Agreement. This will record your intentions in relation to property and other assets to detail what you both intend to happen if the relationship fails. It can address whether the house would be sold, who would care for the children and issues such as maintenance and ownership of household items. It’s a legally binding contract that remains enforceable so long as the couple remains unmarried.
- Declaration of Trust. This is usually prepared when partners buy a house and determines what happens to property if your relationship ends or one of you dies.
- Parental Responsibility Agreement. This will give you legal rights and responsibilities for your child.
- Wills. Making a will is necessary if you are to avoid the unfairness and uncertainty which often result if one of the partners dies intestate (without a legal will). Making a will ensures that your money will go where you want it to rather than to other relatives or to the Government.
