Co-habitation

"living together"

If you are not married and your relationship ends, it may surprise you to know that you have far less protection than if you were married. 

 

Dividing your property at the end of a relationship can become a complicated and painful process.  We can help you look at all the issues that will arise, including dividing-up the family home, which in most families is the main asset of the parties.

 

You may own a family home, but a lot will depend on whether you own the home together as joint tenants or tenants in common.  If you the home as joint tenants then the property will be divided 50-50, but if you own it as tenants in common then your share may only be 25 per cent.  We can advise you further about this when you come in. 

 

If only one partner has their name on the deeds, then the other partner may have no right to the property.  In such cases, we would apply to the Court under the Trusts of Land and Appointment of Trustees Act, 1996.  The Court will then decide how the property is to be divided.

 

If your partner dies, you are not automatically entitled to anything, even though you have lived together as husband and wife, unless you are specifically named in your partner’s will.  Even if you are not named, you may be able to make a claim for financial settlement.  We will guide you through this complex process.

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