Love Doesn’t Live Here Anymore

Embarking on a new relationship can be a very exciting time. One of you may already own a home and invite the other to move in. Maybe you a going to purchase a property jointly. Cynicism aside, it is an unfortunate truth that any couple intending to live or purchase together should consider what would happen in the event of the relationship breaking down.

Most people believe that if you live with your partner for a couple of years that you get the same rights as a married couple.  This is simply not the case.  In today’s press is a cautionary tale whereby the Court of Appeal has ruled that a lady must give up half her house to her former partner 17 years after their relationship ended – despite his having made no financial contribution to the property during that period. 

Had this couple been married and split up the Court would have had discretion as to the division of assets to take into account the circumstances of the case. 

This case clearly demonstrates that cohabiting partners must, when embarking on their life together, consider the possibility of what may happen to their property and assets in the event the relationship breaks down.

In order to provide for clarity in the event of a relationship breakdown, it is worth giving consideration to a Living Together Agreement particularly if you are making unequal contributions to a purchase or one of you is financially better off than the other.

If you want to discuss any issues mentioned in this article, please contact Debbie Lloyd or Ginny Colman on 01603 232300

The content of this article is for general information only.  As always, specific professional advice should be taken on each individual matter.© Birketts LLP 2010.  Solicitors regulated by the Solicitors Regulation Authority.