For two people planning to live together SA Law are able to advise and assist in drawing up a Cohabitation Agreement . This cohabitation contract will set out the agreement reached between you and your partner regarding your finances and joint assests if you subsequently separate.

Cohabitants and their legal advisers must be aware of current UK laws and legal rulings regarding cohabitation and cohabitant disputes. This applies particularly to the purchase of a home,  mortgage agreements, and other joint finances which might affect cohabitants especially in the event of a dispute or the termination of any cohabitation agreement. Co-buyers entering into a mortgage arrangement may wish to declare a trust on the transfer form which clearly identifies their beneficial interest in the property.

At SA Law we are able to discuss and explain the issues pertaining to cohabitation and cohabitation disputes. Our Family Law team can help you make the appropriate declarations at the time of purchase and to ensure clarity for both parties in the event of disputes.

In the event of a relationship breaking down, cohabitants may have several decisions to make regarding property held in joint names, property held by one party and issues regarding any children affected by the cohabitation dispute.

For example:

• If property is held in joint names, is it to be sold, and if so how will the proceeds be divided?
• If property is held in the name of only one of you the Trust of Land and Trustees Act can allow recognition of contributions to the mortgage or purchase price.
• Can you establish a claim to property under a Constructive or Resulting trust
• Maintenance for the children
• Who will the children live with and what contact will the other parent have?

What next?

For further information about our family services or to discuss a particular matter or situation in more detail, contact Marilyn Bell or Keith Docking at our St Albans office by email at marilyn.bell@salaw.com or keith.docking@salaw.com or telephone 01727 798066.