It is a popular misconception that living together with your partner can give you rights as a “common law husband or wife” – in fact the law will treat you very differently from a married couple should your relationship break down.
This is a very difficult and complex area of law in which Mundays has built a niche practice, advising unmarried clients as to their rights and claims.
We work closely with our Property Department to advise couples at the start of their relationship when they are buying a home together as to how to protect their investment and avoid a dispute in the future and we draft Deeds of Trust and Living Together Agreements. We also act for separating parties in respect of their applications to Court concerning their property interests and any claims for financial provision in respect of their children.
Services we provide
- Drafting Living Together Agreements
- Drafting Deeds of Trust and providing for an agreed split of equity in a property
- Advising property owners and also third parties such as parents lending their children money to buy a home
- Claims under the Trusts of Land and Appointment of Trustees Act, dealing with the rights of property owners and unmarried partners
- Claims under Schedule 1 of the Children Act 1989, for financial provision for children of unmarried parents, including housing, capital claims and top-up maintenance
- Advice as to Child Maintenance Service assessments and appeals
- Acting for several legal owners in defending claims for beneficial interests made by their former partners
- Advising clients as to their claims and reaching early agreements without the need for Court proceedings
- Drafting complex Living Together Agreements for clients involving multiple properties