Separation & Cohabitation – Family Lawyers Dot Co
Cohabitation is very different to marriage and you are unable to rely on the same rules as apply to married couples. However, disputes and property issues can be approached in a number of ways.
Mediation can be a useful tool when attempting to achieve agreement on key issues. If willing to attend mediation, both parties may find it very beneficial in that it is cost effective and will be much quicker that involving the Court.
If mediation is felt not to be appropriate or fails for some reason, negotiations or proceedings may become necessary. You will be unable to rely on the rules that apply to married individuals, but if you were engaged an application for a declaration of ownership can be made by virtue of the Married Womens Property Act 1882.
Property can be held in a number of ways:
Joint Tenants . Both parties will have an equal and identical interest in the physical property or in the net proceeds of sale. The court will begin their deliberations on the assumption that each party is entitled to 50%. However, if a party to the proceedings believe they have made a greater contribution to the property, they must prove this to the satisfaction of the Court. It will then be left to the Court to deliberate on the actions and contributions of the parties and this will determine each partys interest in the property.
. Both parties will have an equal and identical interest in the physical property or in the net proceeds of sale. The court will begin their deliberations on the assumption that each party is entitled to 50%. However, if a party to the proceedings believe they have made a greater contribution to the property, they must prove this to the satisfaction of the Court. It will then be left to the Court to deliberate on the actions and contributions of the parties and this will determine each partys interest in the property. Tenants in Common . Each and every owner of the property shall have a specified share in the property. For example, they may have equal shares or other such shares as agreed. As for Joint Tenants, if one party believes they have a greater share than the other shareholders as a result of their contribution, the shareholder claiming a greater interest must prove his/her claim.
. Each and every owner of the property shall have a specified share in the property. For example, they may have equal shares or other such shares as agreed. As for Joint Tenants, if one party believes they have a greater share than the other shareholders as a result of their contribution, the shareholder claiming a greater interest must prove his/her claim. Property Held in Sole Name . If the property is held in the name of your partner, it may be possible to establish that you have a beneficial interest in the property. This would also apply to your partner if the property is held in your sole name. If a partys name is not on the deeds, in may be possible to establish that you have an equitable interest in the property. The same would apply to the other party if your sole name is on the deeds.
Should your name not appear on the deeds, a financial interest in the property can be established in two ways:
If you can demonstrate that you made direct contributions towards the property or mortgage, your beneficial interest will be proportionate to the amount you have contributed.
Should you be able to prove that the parties intended the property to be held jointly and you have relied on the word of the other party to your detriment, you may be able to demonstrate that you have a financial interest. Such evidence as you choose to rely on might include express discussions between the parties or behaviour/dealings that appear to indicate the intention of the parties to hold the property jointly. If you have contributed financially to the property, this would be adequate to demonstrate you acted to your detriment. The extent of your interest, given the dealings of the parties would be considered by the Court when assessing your financial interest.
This area of law can be complex. For this reason we would recommend seeking a barristers opinion at the outset. If this becomes a matter of concern for you, we are able to arrange this on your behalf.
When involved in matters such as these, it is important you consider making a Will. This will ensure what will happen to your share of the property on the event of your death.
As joint tenants, should one of the parties die, the property will pass to the survivor. This means that you are unable to leave your share to someone of your choice (by Will.) However, you are able to sever the Joint Tenancy and for both parties to hold equal shares in the property. Under these circumstances you could then leave your share (50%) to the beneficiary of your choice.
Under a Joint Tenancy, the 50/50 share held by the parties can be adjusted at a later stage by the agreement of the parties or by Court Order. Should anything happen to you in the intervening period this will enable you to ensure your wishes are complied with in respect of your beneficiaries. If you wish to sever a Joint Tenancy, please contact us. We can help.’
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