Cohabitees and Property Reforms are proposed to the legal rights of cohabitees. As the law currently stands, unmarried couples can register their partnerships in some parts of the country, however there are no specific rights in law to protect them should any dispute arise in relation to jointly owned property. If you are married, however, then as a spouse you will have matrimonial home rights, including the right of occupation and a right to claim a share in the equity in the event of a divorce. Prenuptial agreements therefore are subject to matrimonial law and historically have been ignored on grounds as being against public policy. However courts are now more likely to give some attention to what married couples agreed to within a prenuptial agreement. When buying property together, we therefore strongly recommend that parties who are unmarried additionally instruct us to prepare either a Deed of Trust, or a Cohabitation Agreement. These set out each owners respective interests in the equity of the property and also a procedure to be followed in the event of you splitting up and going your separate ways. Without this, you may find yourself incurring huge legal fees to establish your rights to the property. Both straight and gay divorce in England and Wales are increasing, and therefore we strongly recommend that should you and your partner be unmarried you take advantage of the fact matrimonial law does not apply to these types of agreements. For further guidance and advice in relation to a Deed of Trust or Cohabitation/Prenuptial agreements, please contact Chris Phillips on 020 7841 0123.

back