Top Tips for Unmarried Couples

The rights of unmarried couples significantly differ to married couples or those in a civil partnership and 'common law marriage' is simply a myth, so it is important to understand your position.

How to Protect Your Interests

Unmarried couples can take protective steps during their relationship to identify who owns what, particularly regarding the family home, which is often at the centre of a dispute if the couple separates. If you co-own a property or intend to purchase together, consider the following:

• Obtaining 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 about what this means now and in the future. Make sure when you complete and sign the Transfer Deed (the TR1) 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 your partner owns and details the contributions which have been made at the time of purchase

• Cohabitation Agreements - These set out how property, and other capital and assets are owned between you and how they should be divided if you separate.

• Ensuring Wills Are Up-to-Date - Unmarried couples are not entitled to inherit their partner's estate on their death unless a Will is in place providing for this. Unmarried couples should therefore make sure their Will accurately reflects their wishes both to protect their partner and to try and avoid a potential Inheritance Act claim being brought by their partner for provision after their death.

What If Your Relationship Has Already Broken Down?

You are likely to face many concerns. For example:

• you have invested money into a property but it is held in your partner’s sole name

• you have agreed to joint ownership initially, but part-way through your relationship, you made a new agreement with your partner which you believe altered the share you own

• you have been served with an order for the sale of the jointly owned home

Whatever your individual concerns, some helpful steps to take are:

• Obtaining Specialist Advice at the Outset - Trying to resolve matters at the start of the separation is often best and working towards reaching a settlement outside of Court proceedings if you can, which is more cost-effective for all parties.

• Pulling Together Your Documentation As Soon As Possible - The outcome of your matter will depend to a large extent upon the evidence you have provided. A specialist solicitor will be able to advise on the key documents needed to build your strongest case.

• If Court Proceedings Have Been Issued- Seek specialist advice immediately; these claims are distinct to those affecting married couples who are divorcing and they are governed by separate procedural rules to those in the family courts. It is crucial that these claims are dealt with correctly because setting off on the wrong foot could set you back during the course of the proceedings and increase your costs. We have solicitors who have expertise of these separate procedural rules who sit within our family team and who are able to assist you.

If you have any questions on this complex area, please contact Sam Hickman in our Private Client team on 0117 314 5435, or complete the form below.