Currently, in England and Wales, there is no separate law governing Cohabitees. Many incorrectly believe that after a couple has lived together as “husband and wife” for 6 months they become Common Law Husband and Wife. It is commonly thought that once you are “Common law Married” you gain rights as if you had been married. Please be aware that living together does NOT confer any special rights or any route to a special legal remedy. It does not matter how many years you may live with someone: there is no special legal status.
The links which may give some rights between a cohabiting couple are links as joint owners of property or links as joint parents of children.
It is possible to enter into a Cohabitation agreement with your partner. In this way, you can make formal provision for what will happen on the breakdown of your relationship. This must be handled formally and properly by cohabitation agreement solicitors with full knowledge of the financial matters and with the benefit of legal advice.
Our specialist team of cohabitation agreement lawyers will be able to guide you through the process. Lovedays Solicitors was established in 1905 and our team have been helping people deal with family problems throughout that time. We have offices in both Matlock and Wirksworth and cover Ashbourne, Bakewell and the whole of Derbyshire.
If you are buying a house together you should obtain detailed advice on the formal legal ownership of that property and how the way you “hold” that property will affect the future of who is entitled to what share in the property. It may be advisable for you to enter into a Deed of Trust which separately deals with the way in which your shares or interest in the joint property are dealt with formally.
If you are buying a property our conveyancing department will be happy to help you with this.
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If you are planning to live together or to marry you should consider making a new Will to ensure that your wishes are settled in the event of anything happening to you. Our Wills and Probate department will be happy to assist you in this respect.
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Lovedays Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited (Company Registration Number 08838592) whose registered office is at Lovedays Solicitors, Crown Chambers, 6 Bank Road, Matlock, Derbyshire, DE4 3AQ.
The Directors of Derbyshire Legal Services Limited are C.D.Gale and R.LL.Roberts. The Company is otherwise authorised and regulated by the Solicitors Regulation Authority whose rules can be accessed at www.sra.org.uk