Residential Conveyancing

Cohabitation and

Atkins Dellow > Residential Conveyancing > Cohabitation and Co-ownership

Expert Solicitors in Cohabitation and Co-ownership

If you want to buy a house with someone else, you should be considering what kind of co-ownership structure would best suit you and your situation. Our team of expert Residential Conveyancers can give you advice and help you decide what would be best for you.

Get in touch with our team today for a no-obligation conversation about your situation today on 0330 912 8338.

You have a few decisions to make if you want to buy a house with someone else, and to make those you’ll need all of the relevant information.

Some of the things you should think about are:

  • Cohabitation Agreements
  • Types of Joint Ownership
  • Declaration of Trust
  • Property Contributions
  • Financial Considerations

Our team of expert Residential Conveyancing Solicitors can help to guide you into making the best decisions for you, and then act for you in setting up the documentation and handling the process of the paperwork for you.

What Cohabitation and Co-ownership Services do we provide?

Cohabitation and co-ownership of property services include:
  • Drafting Cohabitation Agreements: We assist unmarried couples in creating legally binding agreements that outline their rights and responsibilities regarding property ownership, financial contributions, and other important aspects of their cohabitation.
  • Advising on Property Inheritance Options: We provide guidance on the various options available for property inheritance, such as setting up a right of survivorship or ensuring that the deceased owner’s share is inherited according to their will.
  • Creating Declarations of Trust: We help co-owners establish Declarations of Trust, which clarify the ownership shares, financial contributions, and decision-making processes related to the property.
  • Updating Wills: We assist individuals in updating their wills to reflect their co-ownership arrangements and ensure that their property is distributed according to their wishes.
It is important to consult with a specialist solicitor for comprehensive guidance and tailored solutions regarding cohabitation and co-ownership to protect your legal rights and interests.

Cohabitation and Co-ownership FAQs

What is cohabitation?

Cohabitation refers to the act of living together as a couple without being married.

Do cohabiting partners have legal rights?

Cohabiting partners have limited legal rights compared to married couples. It is important to have a cohabitation agreement in place to protect each partner’s rights.

What is a cohabitation agreement?

A cohabitation agreement is a legally binding document that outlines the rights and responsibilities of each partner in a cohabiting relationship, including property ownership and financial matters.

Do I have a legal right to my partner's property if I'm not married?

Unmarried partners do not have automatic legal rights to each other’s property. However, if your name is on the title deeds or you can prove that you have acquired an interest in the property, you may have some legal protection.

How can I protect my rights as a cohabiting partner?

To protect your rights as a cohabiting partner, it is advisable to have a cohabitation agreement in place. You can also consider adding your name to the property ownership through a process called ‘transfer of equity’.

Can I claim a share of the property if we separate?

If you are not married and your name is not on the property deeds, you may not automatically be entitled to a share of the property upon separation. However, you may be able to make a claim based on contributions made and other factors.

What happens to the property if one partner dies?

If one partner dies, the surviving partner may not automatically inherit the property unless they are named in the deceased partner’s will or there is a joint ownership agreement in place.

Can we change the ownership of the property after purchasing it?

Yes, you can change the ownership of the property through a process called ‘transfer of equity’. This involves adding or removing names from the title deeds.

Do we need a cohabitation agreement if we plan to get married?

Even if you plan to get married, it is still advisable to have a cohabitation agreement in place. A cohabitation agreement can provide clarity and protection for both partners in the event of a relationship breakdown.

Do we need separate solicitors to create a cohabitation agreement?

It is generally recommended for each partner to seek independent legal advice when creating a cohabitation agreement. This ensures that both parties fully understand their rights and obligations outlined in the agreement.

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