“LOOK BEFORE YOU LEAP”
[vc_row][vc_column][vc_column_text]More and more people these days are choosing to live together (co-habitation) rather than marrying. No doubt one of the considerations, especially for those who have pre-existing assets such as a home, is that they view they may be better protected financially if something subsequently goes wrong.
It is certainly true the law is different for unmarried couples and there is a presumption a party should keep any assets which are in their sole name. Unfortunately, matters may not be as simple as that. Following a number of very high profile cases in recent years, any such presumption can potentially be displaced if it is found due to the parties conduct a different common intention can be seen.
Even this may not be the end of it. There is other doctrine which specifies in circumstances where one party (the non-owner) is encouraged to spend money on a property/asset by the other (the owner) in the belief they will acquire an interest in it - they could then possibly gain an interest in the same. There are however a number of qualifications to what is known as "proprietary estoppel" and therefore you should consider obtaining advice from a specialist Family Law Solicitor, such as our team at Stephen Rimmer LLP. Our team can guide you through these complex issues and even assist in preparing a Co-habitation Agreement, which is much akin to a Prenuptial Agreement in marital situations. Protection of your hard earned assets is something which should not be taken lightly.
Our Family Team can assist in guiding you to security within your relationship, and beyond, by contacting 01323 644222 or email firstname.lastname@example.org