Top Tips for Unmarried Couples

This article will provide some top tips for unmarried couples which can be put in place at the outset but also for those who have already separated.

How to Protect Your Interests

• Obtain Specialist Advice at the Time of Purchase
  There are different ways that properties can be owned. Take the time to discuss this together and to obtain advice. Make sure when you complete and sign the Transfer Deed (the TR1) and that the correct box as to ownership has been ticked.

• Declarations of Trust
  A declaration of trust can be put in place by anyone co-owning a property. This document accurately records what share of the property you and the co-owners own and details the contributions which have been made at the time of purchase.

• Cohabitation Agreements
  This document will set out how property, capital and assets are owned and how they should be divided upon separation to ensure that there is an accurate record of your agreement at the time.

What Can You Do If You Face a Dispute?

Have you:

• invested money into a property but it is held in your partner's sole name?
• agreed to joint ownership initially but there was an agreement part way through the relationship which you believe altered the share you own?
• been served with an order for sale of the property and you need urgent advice?

Whatever your situation we will be able to assist you moving forwards. Below are some top tips if you have already separated:

• Obtain Advice at the Outset
  It is much better to try to resolve matters at the outset and to work towards reaching a settlement outside of Court proceedings which is much more cost-effective for all parties.

• Pull Together Your Documentation As Soon As Possible
  The work in these cases is frontloaded and much will depend upon the evidence provided. A specialist solicitor will be able to let you know the key documents needed from you to be able to provide you with tailored legal advice.

• If Court Proceedings Have Been Issued
  Seek specialist advice immediately. Many firms will have family departments who advise unmarried couples but these claims are civil claims and the rules which govern them are the Civil Procedure Rules. We have specialists in our family team who have the expertise within civil claims and are aware of the strict rules and deadlines which apply. It is crucial that these claims are dealt with in the right way because setting off on the wrong foot could really set you back during the course of the proceedings, could increase your costs and potentially have a detrimental impact on your position.

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For more information please contact a member of our Private Client team, or complete the form below.