Many people who cohabit are surprised to discover, in the event that their relationship breaks down, that they have no claim against their former cohabitant. Former cohabitants are entirely reliant on the principles of land and trust law to determine any dispute as to ownership of property.
It is important, therefore, that when property is purchased in joint names of a couple, that the purchase deed expressly states the share of each party in the property. We recommend that the declared interest of each party is contained in a Declaration of Trust.
We also often recommend that parties who intend living together enter into a Cohabitation Agreement. The agreement can include provision as to payment of the mortgage, household expenses, liability for any repairs and improvements, payment of outgoings of the property, etc.
Apart from advising as to the benefits of a Declaration of Trust and/or Cohabitation Agreement and drafting the relevant documents, we can also advise as to the entitlement of a former cohabitant upon the unfortunate breakdown of a relationship.
For further information call or e-mail Polly Hill or Zoe Pelling.
T: +44 (0) 161 833 0578
E: polly.hill@fdl-law.co.uk
E: zoe.pelling@fdl-law.co.uk
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