Cohabitation Law | Mayo Wynne Baxter

Living together…

House

Whilst I have drafted many pre nuptial agreements within the last 12 months largely due to the changes in the law confirming that they can indeed be enforceable, I could probably count on the fingers of one hand how many Living together/cohabitation agreements I have drafted. The number of couples living together and buying property… Read the rest of this post (No Comments)

The Price of Freedom

divorce2

When a marriage breaks down, in many cases there will be an imbalance between the couple’s respective financial circumstances. This may be because one spouse has had a break in their employment to bring up the children or simply because one has excelled in their career. This places the spouses on an unequal footing often… Read the rest of this post (No Comments)

Cohabitation – have you got it right?

The latest statistical release by the Office for National Statistics reveals that the number of cohabiting couple families has increased significantly, from 2.2 million in 2003 to 2.9 million in 2013. Now days the emphasis isn’t so much on what can be done when the relationship breaks down but rather what can people do in… Read the rest of this post (No Comments)

No prizes for saying “I do”

While George Osbourne may yet have an incentive or two up his sleeve tomorrow, a tax break for married couples will not be one of them. Leaks to the press say the long-promised manifesto pledge has again failed to make it to the budget. Is this a triumph of good sense over spin, or a… Read the rest of this post (No Comments)

Cohabitants – make life easier for yourself!

Last week saw another case[1] reach the Court of Appeal in relation to property rights of cohabitating couples after separation. In this case the couple had intended to purchase a property in their joint names but had not done so on a mortgage advisor’s advice that they would not secure a mortgage in their joint… Read the rest of this post (No Comments)

‘Co-hab’ agreements – can you afford not to make one?

The Supreme Court has finally given its long-awaited judgment in the case of Jones (Appellant) v Kernott (Respondent). Its conclusions should be given serious thought by unmarried couples who live and own a property together. Under the current legal system, where a property is owned in joint names by an unmarried couple, the presumption is… Read the rest of this post (No Comments)

Jones v Kernott – a conveyancer’s view

At long last the Supreme Court has issued its eagerly awaited judgement on the above case. Or so the press release goes! In truth it was not that eagerly awaited in my view but it is interesting for a number of reasons.  Doubtless my colleagues in the Family Department are getting all excited and will… Read the rest of this post (No Comments)

A clearer future ahead for couples who live together?

An appeal from Kernott v Jones  is starting in the Supreme Court this week and it will have an impact on couples who own property and live together who are not married or in a civil partnership. There is a common misconception about the legal status of cohabitants. Many believe in the myth of “a… Read the rest of this post (No Comments)

Cohabitation Rights

Sir Nicholas Wall, President of the Family Division of the High Court in England and Wales has said that unmarried couples should have more rights to property and money if they separate. However, whilst the government has previously indicated that they favour reform there is no definite decision regarding the legislation in England and Wales. … Read the rest of this post (No Comments)