The Lymington Directory April May 2019

Kerry Richardson
There are more than 6 million cohabiting
couples in the UK and the number is rising.
According to Office for National Statistics (ONS)
figures, one in eight people aged 16 and over in
England and Wales are currently living together,
a number that's risen for the past 15 years in a
row.
If you are co-habiting, you do not have the
same rights as a married couple; and contrary
to popular belief, there is no such thing as a
‘common-law marriage’.
However, despite how common an occurrence
it now is, problems can arise frequently for
these couples upon death or separation. These
can include:-
- If one cohabiting partner dies without
leaving a will, the surviving partner will not
automatically inherit anything owned
solely by their partner. Cohabiting partners
are not recognised under the Intestacy
rules which are statutory instrument that
governs the situation of someone dying
without a Will. Therefore although it may
have been the Deceased partners wish for
them to inherit, without a Will, it would
actually be inherited by the family of the
Deceased.
- Cohabiting partners cannot access their
partner's bank account if they die.
- Cohabiting partners receive none of the
tax reliefs and exemptions that spouses
and civil partners enjoy, including
pensions.
- An unmarried mother is automatically the
sole guardian of a child born outside of
marriage and has sole custody, that is not
always the case with unmarried fathers
and problems may arise if there is no Will
dealing with the issue of guardianship.
Cohabiting Couples
- If you are the unmarried partner of a
tenant, you have no rights to stay in the
accommodation if you are asked to leave.
- If you jointly own a property registered at
the Land Registry you are entitled to your
share. However, if your partner is reluctant
to sell the property, you may be obliged to
obtain a court order to sell it.
- If you separate there is no obligation to
support each other financially. An
unmarried partner who stays at home to
care for children cannot make any claims in
their own right for property, maintenance
or pension-sharing
- If when you bought the property you put
in differing amounts of deposit this may
not be reflected in the ownership
registered with the Land Registry and a
Declaration of Trust should be considered.
A Declaration of Trust, also known as a
Deed of Trust, is a legally-binding
document that records the financial
arrangements between joint owners of a
property, and/or anyone else who has a
financial interest in the property.
What can Heppenstalls do to help?
- Will preparation settling the property and
also dealing with Guardianship issues
- Wills made in contemplation of Marriage
- Prenuptial agreements
- Cohabitation agreements
- Declarations of Trust
If you concerned about these issues,
Heppenstalls can help you explore the issues in
a friendly and informal way. If you would like to
make an appointment, or to talk to our team
about this article, please contact us on 01425
610078 or 01590 689500.
enquiries@heppenstalls.co.uk enquiries@heppenstalls.co.uk
75 75 75 High High High Street, Street, Lymington 01590 01590 689500
75 High Street, Lymington 01590689500
www.heppenstalls.co.uk www.heppenstalls.co.uk
82 82 82 Station Station Rd, Rd, Rd, New New New Milton. Milton. 01425 01425 610078
82 Station Rd, New Milton. 01425610078
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