Unmarried Couples
Cohabitation Issues
Marriage isn’t the first choice of couples anymore. There are more than three million cohabiting couples in the UK.
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Experts in the rights of cohabiting couples in the UK
Marriage isn’t the first choice of couples anymore. There are more than three million cohabiting couples in the UK. The second largest family group in the country, the number of unmarried couples, also known as ‘common law partners’ are rising every year. If you belong to this group and face any cohabitation issues, contact the expert divorce solicitors at Austin Kemp for consultation and timely guidance.
How Austin Kemp’s divorce solicitors can help you
The divorce solicitors at Austin Kemp are experienced in all kinds of cohabitation issues. This is important because although you do have certain rights, these are not the same as those of a married couple. If you need more information on property rights or any other cohabitation issue as an unmarried cohabiting couple, all you have to do is contact the solicitors at Austin Kemp.
Cohabitation issues where Austin Kemp’s divorce solicitors can help you
The divorce attorneys at Austin Kemp know that the primary reason most couples approach us is to gain a degree of certainty. Unlike marriage where the rights of the partners are fairly known, cohabitation issues can seem confusing. The expert divorce solicitors at Austin Kemp can counsel you on various cohabitation issues including:
- Your rights and legal standing as a partner
- Ownership of assets individually or jointly bought
- Ownership of jointly owned assets
- Status and custody of children
- Status of assets owned by one that the other has contributed to
- Assets owned by one person who had promised a share to the other but has reneged on the promise
- How to meet financial obligations such as a mortgage, rent, and household bills post the break-up
Cohabitation agreements from Austin Kemp
Uncertainty during and after the relationship is what you avoid to want in cohabitation. When you contact the experienced divorced solicitors at Austin Kemp, we will help you provide you with complete financial and asset-related guidance for cohabiting couples. A cohabitation agreement is one of the most effective ways to do that.
Through a cohabitation agreement, both individuals will be advised of their rights over assets. Once the parties know what they’re committing to, it will be of immense help if the relationship were to break down. The agreement will help both parties chart a route to freedom without having to engage in costly and uncertain litigation.
Why you should consult Austin Kemp before moving in
Moving in together is an important decision for a couple. Some individuals might worry whether the assets they own when they move in with someone will have to be shared if the relationship were to break down. Some could be selling their home before they move in. They might wonder what would happen if they were to break up.
It’s better to have all the answers before you move in. A consultation with Austin Kemp will give you greater clarity on your rights and what you can achieve with a cohabitation agreement, regarding your assets, financial obligations, and custody of children.
Cohabitation issues related to property in the UK
The laws and legal rights are different for married and unmarried couples. This is something most couples are unaware of. Most cohabiting couples assume that they have the same rights as a married couple. A cohabiting couple will enjoy equal rights to the property if both partners are included in a joint tenancy agreement.
With a joint tenancy agreement, both parties will have an equal right to stay in the concerned property if the relationship were to break down. This is another reason to have a cohabitation agreement. The divorce solicitors at Austin Kemp will be able to provide detailed information about your rights if you’re moving in with your partner.
Get In TouchCohabitation issues in joint tenancies in the UK
In cohabitation, both parties will have equal rights on the property if they’re both included in the joint tenancy agreement. If at the end of the relationship you wish to give your partner your half of the tenancy, a court can transfer it.
Moreover, your landlord will have to agree to any change in the tenancy agreement. Consult the divorce solicitors at Austin Kemp for personalised guidance on joint tenancy agreements.
Cohabitation issues for owner-occupiers in the UK
If you’re living with your partner in a home that either you or your partner own, you have different legal rights. If both of you own the property, you will have equal rights should there be a breakup.
If you’re the sole owner of the property where you and your partner stay, you have the exclusive right to it. But there is a caveat in the form of ‘beneficial interest.’
Beneficial interest in cohabitation
It’s an interest in the economic benefit of the property if the cohabiting partner can prove that they have financially contributed to the home. With beneficial interest, your cohabiting partner would have a right to:
- A share of the rental income if the property is rented out
- A share of the profit from the sale of the property if you were to sell it
If you have made financial contributions to the property where you and your partner have been staying and if the relationship has broken down, contact the divorce solicitors at Austin Kemp to know how you can claim beneficial interest.
Cohabitation and the custody of children
The laws in the UK do not distinguish between married and unmarried couples when deciding who the children should live with after the end of a relationship and how much time they should spend with the other parent. This particular issue is always determined keeping in mind the best interests of the child.
Get expert advice on all cohabitation issues
Whether you’re moving in with your partner or have already been in a cohabitation relationship or are breaking up, contact the expert divorce solicitors at Austin Kemp for advice on cohabitation issues. We will ensure that your interests are protected and that you retain the rightful ownership of your assets. In case there is a child involved, we will devise a legal strategy to protect the interests of both you and the child.
