It is very important if you are unmarried to think about your financial position very carefully when purchasing a property with a partner or when you take the decision to move in together. Failure to do this could potentially cause expensive litigation in the future in the unfortunate event that the relationship breaks down.
To assist we set out the points to THINK about below:
T – Talk with your partner about how you are going to arrange your finances – do not rely upon assumptions as you may both be thinking different things. It is better to have these conversations at a very early stage as sorting things out after the event can be very costly.
H – How do you intend to own the property? Do you wish to hold the property as joint tenants or tenants in common? Do you understand the implications of how the ownership is set out? It is vital that you each consider this point prior to going ahead with the purchase of the property.
I – Intentions. What are your intentions? Do you intend to own the property in equal shares or not? How are you going to arrange your finances during the relationship?
N – No such thing as common law marriage. This is a very common misconception. The law regarding unmarried couples is very different to those couples who are married. It is not the case that a long period of cohabitation grants the same rights as marriage.
K – Knowledge. Speak to a legal adviser to ensure that you know what the legal position is and going to be documented clearly to prevent difficulty in the future.
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