Page 14 - Manchat Winter 2016

Does the

common law

spouse exist?

Charlotte Percy, Associate in family law at Slater and Gordon

Common-law marriage hasn’t existed financial contribution, it is unlikely that you
in Britain since 1753, yet the belief that will be able to establish any legal interest
it does is widespread. No one acquires • Do you have children with your partner?
rights over someone else’s property Will it be possible to bring an application
simply by living with them, so it is for the benefit of the children upon
important to consider your position separation, if no agreement can be
before you decide to cohabit. Below is reached?
a short guide for anybody planning to • Is there anything else about the property
move in with their partner: that you need to know? This is particularly
important if the property is held in joint
Joint tenants or tenants names with a third party, such as a former
in common? partner or spouse
Many people also ask whether there any
If you own the property as joint tenants, the other financial claims upon separation?
property is held in equal shares – one tenant If there are children of the relationship,
cannot have a larger ownership than child maintenance will be payable by the
another. A key concept in joint tenancies is ‘non-resident’ parent. Other than this,
the right of survivorship. This means that if it is doubtful. The rules for separating
any one of the joint tenants dies, the cohabitees are very different to divorcing
remainder of the property transfers couples. Generally you will only be looking
automatically to the survivor/s. The transfer at assets held in joint names and claims
happens even if the joint tenant provides for are limited to those under the laws of
something different to happen with his or her property and trusts.
property in a Will.
It is vital that careful thought is given to the
If you own the property as tenants in above matters prior to cohabitation. Whilst
common, the property does not have to be it may be ‘unromantic’ to plan for a possible
held in equal shares. For example, one separation, more couples are acknowledging
tenant in common can own 75% of the that it something of a necessary evil. It is far
property and the other 25%. There is also no better to agree your respective intentions
right of survivorship for tenants in common and plans from the outset, than to separate
and should one tenant in common die, his and face legal intervention and costly
or her share of the property passes under the court proceedings.
terms of any Will, or on the intestacy rules.
The best way to ensure that you are
Do I need a deed of trust? protected when considering cohabitation
is to:
A Deed of Trust (also known as a Declaration
of Trust) is a legal agreement that can be • Consider the above points carefully and
used to specify how a property is held ensure you have frank discussions with
between joint owners. They can include your partner
specific information such as each party’s • Consider entering into a cohabitation
contributions towards the purchase price agreement which can detail how the
or their respective shares in the property, property is to be dealt with both during
for example. the relationship and upon separation
Moving in with a partner who • Prepare a will
owns property in their sole name • It’s always best to seek legal advice
or jointly with another?
• Consider what will happen if the For an initial consultation please call
relationship breaks down
Slater and Gordon Lawyers on
• Does the legal title need changing? Freephone 0808 175 7710 or contact
• Will you be making financial contributions us online and we’ll be happy to help.
towards the property and will these Alternatively you can contact us via
constitute as an interest? If there is no your local federation.

slatergordon.co.uk

14 Winter 2016