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Does the common

law spouse exist?

By Sandeep Sandhu, passes under the terms of any will, or the If there are children of the relationship,
associate in family law at intestacy rules. child maintenance will be payable by the
Slater and Gordon Do I need a Deed of Trust? ‘non-resident’ parent. Other than this, it is
A Deed of Trust (also known as a doubtful. The rules for separating co-
Common law marriage Declaration of Trust) is a legal agreement habitees are very different to divorcing
hasn’t existed in Britain that can be used to specify how a property couples. Generally, you will only be looking
at assets held in joint names and claims
is held between joint owners. They can
since 1753, yet the belief
Going Call us that it does is widespread. include specific information such as each are limited to those under the laws of
property and trusts.
No one acquires rights over someone else’s
party’s contributions towards the purchase
price or their respective shares in the
property simply by living with them so it’s

It’s vital that careful thought is given to
important to consider your position before
the above matters prior to co-habitation.
property, for example.
through a before your you decide to co-habit. Below is a short Moving in with a partner who owns While it may be ‘unromantic’ to plan for a
guide for anybody planning to move in
possible separation, more couples are
property in their sole name or jointly with
with their partner:
another?
acknowledging that it’s something of a
l Consider what will happen if the
necessary evil. It’s far better to agree your
Joint tenants or tenants in common?
If you own the property as joint tenants,
respective intentions and plans from the
relationship breaks down
divorce? ex does. the property is held in equal shares – one l Does the legal title need changing? outset, than to separate and face legal
tenant cannot have a larger ownership
l Will you be making financial
intervention and costly court proceedings.
than another. A key concept in joint

contributions towards the property and
The best way to ensure that you’re
will these constitute an interest? If
protected when considering co-habitation
tenancies is the right of survivorship. This
means that if any one of the joint tenants
l Consider the above points carefully and
unlikely that you’ll be able to establish
dies, the remainder of the property there’s no financial contribution, it’s is to:
transfers automatically to the survivor or any legal interest ensure you have frank discussions with
survivors. The transfer happens even if the l Do you have children with your partner? your partner
We’ve been working with the joint tenant provides for something Will it be possible to bring an l Consider entering into a co-habitation
Police Federation for over fifty different to happen with their property in a application for the benefit of the agreement which can detail how the
years – longer than any other firm. will. children upon separation, if no property is to be dealt with both
No one understands better the If you own the property as tenants in agreement can be reached? during the relationship and upon
unique pressures of police work common, the property doesn’t have to be l Is there anything else about the separation
and how to protect your rights – held in equal shares. For example, one property that you need to know? This is l Prepare a will
including your pension. If you’re tenant in common can own 75 per cent of particularly important if the property is l It’s always best to seek legal advice.
going through a divorce, we offer the property and the other 25 per cent. held in joint names with a third party, For an initial consultation, please call
a free initial consultation, a divorce There’s also no right of survivorship for such as a former partner or spouse. Slater and Gordon on Freephone
Sandeep Sandhu fixed fee package from £350 plus tenants in common and should one tenant Many people also ask whether there are 0808 175 7710 or online and we’ll be
any other financial claims upon separation.
in common die, their share of the property
happy to help.
Associate in VAT and Court fees and discounted
Family Law at hourly rates plus we give you
Slater and Gordon
access to some of the country’s
best family lawyers. Support police widows
If you think we could help, call us on Retired and serving West Midlands Police officers are being urged
Holly Lynch, MP for Halifax, who successfully championed the
0808 175 7710 to write to their MPs in support of a change to regulations that Police Federation’s Protect the Protectors campaign for tougher
could lead to pensions for life for all police widows. sentences for those who assault police officers, has tabled an Early
slatergordon.co.uk/police-law
A template letter and a link to MPs’ addresses can be found on Day Motion calling for widows and widowers in England, Scotland and
Offices throughout the UK. the National Association of Retired Police Officers’ (NARPO) Wales to retain their pension entitlement in full as is already the case
website. in Northern Ireland.
The plea for support comes after a Parliamentary drop-in at As a result of repeated Government inaction on this issue, NARPO
Portcullis House in London at the start of May organised by NARPO has reluctantly sought legal advice from a leading human rights
to raise awareness of the Widows’ Pension for Life Campaign which barrister in an effort to get justice for those women, men and children
calls for parity for police widows and widowers within the UK who, it says, are victims of this archaic and unfair regulation, which
should they choose to re-marry or co-habit following the death of severely restricts their life choices.
their husband or wife. It has now received legal advice that indicates there is a sound
The campaign has been driven by Kate Hall, whose husband case to pursue this matter under the Human Rights Act and, in
Colin died of a heart attack while working as a West Midlands particular, the right to fair proceedings under Article 6, the protection
Police dog handler in 1987 and who lost her police pension when of property, under Article 1 Protocol 1 and the Right to Respect for
she moved in with a new partner years later. Private and Family Life under Article 8.

www.polfed.org/westmids federation June/July 2019 29
Authorised and Regulated by the Solicitors Regulation Authority.