We see a large proportion of first time buyers who are not (yet) married, which throws up some interesting legal points for them. When setting up home with a partner we suggest that clients consider the points below, and have an open discussion about their intentions for the future:
1. Owning the property in joint names: Are both parties paying towards the deposit? If not, do they still intend for the house to be a joint property (particularly if there are young children)?
2. Decide whether you would like to own the whole property jointly (a Joint Tenancy) or whether you prefer a share each (Tenants in Common)
3. Decide how any proceeds on sale should be divided
4. Do you need or want a Cohabitation Agreement: This is a document setting out your rights in respect of the property, especially important if there are children and property is not being held jointly.
5. Should you make a Will. If couples decide to hold the property as Tenants in Common then they have to decide who to leave their share to. Without a Will, the share typically passes to a family member rather than the co-habitee.
We work alongside our colleagues in the Family & Wills teams to be able to guide you through these decisions as part of our conveyancing service.
Rebecca Gunn specialises in Employment law, Commercial Property & Residential Property and is a solicitor in our Leicester office.
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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.