When a couple move in together, it is often considered a big step towards marriage or civil partnership and then a family. It is usually an exciting time, when the couple are exploring their relationship and moving towards a long term commitment. At such a time, it might sound like a killjoy to suggest that they get a few things straight beforehand. But it can save a lot of heartache later on. For example, did you know that the term 'common law husband or wife' has no legal basis? This means that if your partner dies or your relationship breaks down, you may not get what you thought was yours by right or agreement.
Obviously nobody would want to dissuade you from moving in with someone - it is a natural progression in a relationship - but it is worth speaking to a lawyer or solicitor before you do, just to get all your affairs in order. Your legal advisor will gladly explain the best course of action to you after getting all the relevant information. He can only act for one of you at a time, so your partner may wish to speak to their own lawyer. The important issues are different for each case, but your lawyer will want to know if you have children, what you each earn, a list of assets and how you intend to split the daily expenditure.
If your partner owns their home and you are going to move in with them, you will have no rights to the property. However, if you can show that you have put money into the property, in the shape of paying for building work, or paid bills regularly (or the mortgage), then you may have some claim. If you buy the home together, you should make sure that the property is owned in both your names. if the home is not jointly owned, you partner can tell you to leave and you might not inherit the home if your partner should die. If that is the case, you may have to claim against your partner's estate, which could be a long procedure with uncertain results. Yo may only do this if you have been living together for over 24 months.
With an owned property, there are a couple of ways to make both partners more secure. The property could be transferred from a single name to joint names. This could be as either 'joint tenants' or 'tenants in common'. If you own your property as joint tenants then you may be entitle to a share if the house is sold and will automatically inherit the property if your partner should die. If you own the property as tenants in common, then you have a right to your share of the property only. This means that if your partner dies, they may leave their share to someone else in their will. If you are renting, it is always best to have the tenancy agreement in both names.
Not being married or in a civil partnership can affect other situations. For example, you aren't automatically considered next of kin. If your partner is sick on hospital, you may not be able to make decisions about their treatment. Their pension may not automatically come to you in event of their death. And if you both have separate bank accounts, you could find yourself in financial difficulty if their money becomes part of their estate.
Living together is not always the beginning of the journey towards conventional marriage and kids. Sometimes it is an accepted destination in its own right. However, because it is not legally recognised in the same way as marriage, you must be more careful about how you will be affected by tragedy or crisis. The law is well placed to help you through these traumatic times, but only if the appropriate agreements or contracts have been made. You should at least make a Will, what ever your age. That process in itself will help you to think about what you own and what safeguards you want in place for your dependents. Find a lawyer to help you make plans for the future. When you live with someone, it is not just your future you need to plan for.
Obviously nobody would want to dissuade you from moving in with someone - it is a natural progression in a relationship - but it is worth speaking to a lawyer or solicitor before you do, just to get all your affairs in order. Your legal advisor will gladly explain the best course of action to you after getting all the relevant information. He can only act for one of you at a time, so your partner may wish to speak to their own lawyer. The important issues are different for each case, but your lawyer will want to know if you have children, what you each earn, a list of assets and how you intend to split the daily expenditure.
If your partner owns their home and you are going to move in with them, you will have no rights to the property. However, if you can show that you have put money into the property, in the shape of paying for building work, or paid bills regularly (or the mortgage), then you may have some claim. If you buy the home together, you should make sure that the property is owned in both your names. if the home is not jointly owned, you partner can tell you to leave and you might not inherit the home if your partner should die. If that is the case, you may have to claim against your partner's estate, which could be a long procedure with uncertain results. Yo may only do this if you have been living together for over 24 months.
With an owned property, there are a couple of ways to make both partners more secure. The property could be transferred from a single name to joint names. This could be as either 'joint tenants' or 'tenants in common'. If you own your property as joint tenants then you may be entitle to a share if the house is sold and will automatically inherit the property if your partner should die. If you own the property as tenants in common, then you have a right to your share of the property only. This means that if your partner dies, they may leave their share to someone else in their will. If you are renting, it is always best to have the tenancy agreement in both names.
Not being married or in a civil partnership can affect other situations. For example, you aren't automatically considered next of kin. If your partner is sick on hospital, you may not be able to make decisions about their treatment. Their pension may not automatically come to you in event of their death. And if you both have separate bank accounts, you could find yourself in financial difficulty if their money becomes part of their estate.
Living together is not always the beginning of the journey towards conventional marriage and kids. Sometimes it is an accepted destination in its own right. However, because it is not legally recognised in the same way as marriage, you must be more careful about how you will be affected by tragedy or crisis. The law is well placed to help you through these traumatic times, but only if the appropriate agreements or contracts have been made. You should at least make a Will, what ever your age. That process in itself will help you to think about what you own and what safeguards you want in place for your dependents. Find a lawyer to help you make plans for the future. When you live with someone, it is not just your future you need to plan for.
About the Author:
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