Staffordshire Solicitors | Solicitors in Stafford and Rugeley - Hand Morgan and Owen - Unmarried couples should prepare for all eventualities

UNMARRIED COUPLES SHOULD PREPARE FOR ALL EVENTUALITIES

Unmarried couples are at risk if they don't plan or prepare for all eventualities when co-habiting or combining assets.

In a recent case a man who had split up with his co-habiting partner 17 years ago was awarded a half share in the house they once lived in, even though he had never paid the mortgage. The house was purchased as joint tenants (co - owners) and remained so after the relationship dissolved.

Shani Carr, partner at Hand Morgan & Owen says couples should plan for a worst case scenario where they split up and must deal with distribution of their assets, as co-habiting couples have fewer rights than those who are married or in a civil partnership. Seeking the advice of a solicitor before moving in or breaking up can help to make this as painless as possible and could save a lot of time and money if you do split up.

Rights surrounding parental responsibility, wills and pensions also differ compared to couples who are married or in a civil partnership. These issues can be explained in detail by a family solicitor. Many co-habiting couples wrongly believe that they have the same legal protection as a married couple or those in a civil partnership.

Although there has been a surge in the number of people living together and choosing not to marry, the law has not kept up with this change. Proposals to change the law to give cohabiting couples more rights were put on hold by the previous government.

It is no surprise that couples do not want to consider the ramifications if they break up but it is essential that when committing to set up home together to seek legal advice from a solicitor in order to prepare for any eventuality. Cases like the one described are happening all too frequently and we urge co-habiting couples to ensure they have protected their assets or they too may face a similar fate.

What is particularly worrying is that many people choosing to live together do not understand how property can be held and all too often their investment in a property will not be recognised. Alternatively if they have children and one party is not willing to compromise matters they face complicated and potentially protracted legal proceedings. A clear explanation of the law can avoid these problems including the benefits of entering into a Deed of Trust setting out in what proportions any property is to be held in, or even enter into a Co-habitation Agreement. A properly drafted, straight forward agreement can protect both parties, prevent dispute and should be considered by anyone considering living together.

5 July 2010

Disclaimer

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice on their own particular circumstances.

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