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Co-habitation/Living Together

 

If you are living together but not married, your legal options and rights are very different from those available to married couples (in England we have no concept of ‘common law’ marriage as yet).

The legal ownership of assets – [i.e. in whose name they are] – is far more important than when you are married.  Although you might have a claim over property not held in your name, it is a more complicated legal issue that relies upon Trust Law.  In the absence of agreement, legal action is determined by the Chancery Courts rather than the Family Courts.  

However, the children of unmarried parents are treated the same way in law as those of married parents so, if you have children together, you can make claims for the financial support of them (which can include claims for lump sums or property).

The extent of your claims depends upon your individual circumstances and is something that we can discuss.  

Couples who choose not to marry may wish to enter into "Living Together" agreements which set out how they intend the ownership of property to work.  This can avoid potential misunderstandings leading to future legal proceedings.  In the same way that couples can enter into "post-nup" agreements, couples already living together can enter into agreements to record their intentions at any stage.

Please speak to me to find out more. 

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