The Conveyancing Blog

Today is an exciting day. You and your partner have bought you first home although you have decided you will not get married, at least not yet. You are in your new sitting room sharing a bottle of wine and contemplating all the things you are going to do to the place.

Simon Pook - Head of Conveyancing Team - Charles Lucas & Marshall

Fast forward a few years, you still haven’t married and the unthinkable happens; one of you dies or your relationship ends. You have paid most of the mortgage or perhaps worked a lot on home improvements. What happens?

Previously the answer could well depend on whether the property had been bought in one of your names or in joint names. If the Property was in joint names the court took a pretty rigid view that the actual ownership was 50/50 unless there was specific agreement otherwise. The Supreme Court has now decided that courts should look at what is fair in the situation. However, that may not be what is fair in your mind or what you would have agreed at the outset, if you had put your minds to it. The position becomes even more complicated if there are children involved.

Many people believe that if they live together as man and wife they have a common law marriage and gain the same rights as a married couple. This is not correct.

You should have prepared a declaration of trust which sets out your joint intentions in respect of the property and you should review that from time to time to make sure that it still sets out what you want.

If you are buying a house with another person and you are not married you should always seek advice on how you should own the property and what documents you need to protect you.  As well as a declaration of trust you may need to consider a cohabitation agreement as well.  A little time spent now could save a lot of time should you separate later on’

If the unthinkable happens you should take advice.

For more information please contact Simon on 01635 521212 or simon.pook@clmlaw.co.uk