- Did you know there’s no such thing as Common Law marriage? In addition, did you know cohabitees don’t have the same rights as married couples? A Cohabitation Agreement can protect you and your property. It can also set out what will happen in the event of your separation, or death. The Court is likely to be guided by your Cohabitation Agreement if there’s a dispute.
A Cohabitation Agreement Can Protect You And Your Property
- If your relationship ends you can literally find yourself out in the cold. This is because unless you are the owner, or joint owner, of your shared home you have no automatic legal right to it. You may have sunk a lot of money into its purchase. Or perhaps you have paid for improvements. But if your name is not on the title you could come away with nothing.
- In the Cohabitation Agreement you can agree how you own property. This may be in equal or unequal shares, or you may agree to keep your property separate.
A Cohabitation Agreement Can Protect You And Your Property On Death
- What happens if your cohabitee dies and there’s no Will? Their estate is distributed under the intestacy rules. But these rules do not mention a surviving cohabitee. So in other words you could be left with nothing. But don’t worry, you can agree what will happen to your property after death in your Cohabitation Agreement. In addition, it’s vital to make Wills and regularly review them.
- Furthermore you need to make sure you know your entitlement to your partner’s pension. A surviving cohabitee might be entitled to benefits under a late partner’s pension scheme. But this is not guaranteed. You might need to agree to nominate each other in respect of death in service payments.
Regularly Review Your Cohabitation Agreement
- A Cohabitation Agreement can address many of these concerns, and more. It can also cover household bills, debts, businesses. But if there is a change in circumstances such as the arrival of children please make sure you review your Cohabitation Agreement with your solicitor.
Find out more about how Cohabitation Agreements can protect you and your property. Phone Joanne Houston on 01962 217640 for a free 20 minute consultation.
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We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families.
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The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.