At Kayani Legal, our cohabitation solicitors offer a wide range of legal services concerning cohabitation. Our solicitors provide details insight and advice.
Here are some of the services we provide:
Our cohabitation lawyers can help you draft a legally binding cohabitation agreement. It protects your interests and outlines your rights and responsibilities. We can also evaluate an existing cohabitation agreement. We provide legal advice on any issues or concerns you may have.
Disputes and Resolutions
Our cohabitation solicitors can help you resolve any disputes related to cohabitation. We comprehend that conflicts can be stressful and touching. We work with you.
Our cohabitation lawyers can provide legal advice on any financial claims. These may arise from a cohabitation relationship. We’d like to help you apprehend your rights and obligations and provide legal representation in court if necessary.
Why Choose Kayani Legal for Cohabitation Solicitors?
Some of the causes why you should choose us for cohabitation solicitors:
Experience and Expertise
Our cohabitation solicitors have years of experience in cohabitation law. We are well-versed in all aspects of cohabitation agreements and disputes.
Tailored Legal Advice
We understand that every situation is unique. Our cohabitation lawyers provide tailored legal advice. It will be a good idea to meet your specific needs. We operate closely with our clients to understand their objectives. We develop a strategy that works best for you.
We’ll be happy to meet your needs. Our cohabitation solicitors work with you to find practical and efficient solutions. We’re able to achieve your objectives.
Cohabitation Agreement: A Step-by-Step Guide for Kayani Legal’s Website
Understanding Cohabitation Agreements
A cohabitation agreement, a Living Together Agreement, outlines the financial arrangements for unmarried couples living together. It aims to prevent disputes if the relationship ends and protects both parties.
How to create a Cohabitation Agreement: Step-by-Step Guide
Identify assets and debts: List individual assets (savings, investments) and shared assets and debts (joint property, mortgages, loans).
Determine division of assets: Specify how assets and debts should be divided if the cohabiting relationship ends.
Decide on household expenses: Agree on how to share household expenses while living together.
Could you address parental responsibilities: Clarify each parent’s financial obligations regarding their children.
Please consider the future of the home: Decide what happens to the house in case of a breakup (sale, division of proceeds, etc.).
You can consult a solicitor: You’ll need professional legal advice to ensure your agreement is legally enforceable and includes necessary clauses.
Draft the agreement: Collaborate with your solicitor to draft a comprehensive and legally binding cohabitation agreement.
Review and sign: Both parties should review the agreement, discuss concerns, and sign the document.
Update as needed: Regularly review and update the agreement to reflect changes in circumstances, assets, or responsibilities.
Case Laws on Cohabitation Agreements
Cohabitation agreements are becoming increasingly relevant as more couples choose to live together without getting married. Essential UK case laws addressing cohabitation agreements and the rights of unmarried couples include:
- Burns v Burns (1984): This case established that a cohabiting partner has no automatic right to a share of the property upon relationship breakdown unless they can prove a beneficial interest. The court held that the claimant was not entitled to a stake in the family home as she could not demonstrate any financial contribution or common intention to share ownership.
- Stack v Dowden (2007): In this case, the House of Lords emphasised the importance of shared intentions in determining the division of assets between cohabiting partners. The court ruled that the couple held the property in unequal shares based on their financial contributions and the parties’ intentions.
- Jones v Kernott (2011): The Supreme Court addressed the issue of property division between cohabiting partners when there is no express agreement. The court held that the parties’ intentions could be inferred from their conduct, and the division of the property should reflect their respective shares.
- Ely v Robson (2016): This case highlighted the significance of cohabitation agreements in protecting the rights of unmarried couples. The court found that the claimant was entitled to a share of the property as their cohabitation agreement evidenced a common intention to share ownership.
- Gissing v Gissing (1970): This case highlighted the difficulty in establishing a beneficial interest in a property for cohabiting partners without direct financial contributions. The court ruled that indirect subsidies, such as paying for household expenses, were insufficient to establish a beneficial interest.
- Lloyds Bank Plc v Rosset (1991): In this case, the House of Lords clarified the requirements for establishing a constructive trust in favour of a cohabiting partner. The court held that an agreement to share the property and a direct financial contribution was necessary to establish a constructive trust.
- Oxley v Hiscock (2004): This case emphasised the importance of fairness and the parties’ intentions in determining the division of assets between cohabiting partners. The court held that, in the absence of an express agreement, the property should be divided into what the court considered fair in the circumstances.
- Curran v Collins (2015): The court highlighted the need for cohabiting couples to understand their property rights. The claimant was awarded a 25% share of the property. It was based on her financial contributions, even though she initially believed she had no rights to the property.
- Capehorn v Harris (2015): In this case, the court considered the impact of a cohabitation agreement on property division. The court ruled that the agreement reflected the parties intentions. The claimant was entitled to a share of the property per the agreement.
- These additional cases emphasise the complex and evolving nature of cohabitation agreements and the rights of unmarried couples in the UK. A well-drafted cohabitation agreement, supported by our expert legal advice, can help protect the interests of both parties and provide clarity in the event of a relationship breakdown.
Kayani Legal – FAQs for Cohabitation Solicitors
Welcome to Kayani Legal, a firm of solicitors committed to delivering thorough legal services to individuals and families. Our team of experienced cohabitation solicitors are here to assist you. We deal effectively with the complex legal issues surrounding cohabitation. Below, we’ve answered some of the most frequently asked questions about cohabitation and cohabitation agreements.
Is it necessary to have a solicitor for a cohabitation agreement?
Yes, we recommend having a solicitor for a cohabitation agreement. A cohabitation agreement is a lawfully binding document. It outlines the rights and responsibilities of cohabiting couples. Without proper legal guidance, ensuring whether your agreement accurately reflects your interests cannot be easy whether it is enforceable in court. Our cohabitation solicitors in London can help you draft a cohabitation agreement. It protects your rights and interests.
What are the three forms of cohabitation?
The three types of cohabitation are:
- Common law marriage
- Unmarried cohabitation
- Same-sex cohabitation
What rights do cohabiting couples have?
Cohabiting couples do have certain rights. The right to property and inheritance is pertinent. If they can prove, they are cohabiting. Our cohabitation solicitors in London can help you understand your rights as a cohabiting couple. We ensure that your rights are protected.
What legally defines cohabitation?
To be deemed cohabiting, you must live together in a shared household. It should be for a significant time.
How can one demonstrate that they are cohabiting?
One can demonstrate that they are cohabiting by providing evidence of a shared household, such as joint bank accounts, shared bills, and joint property ownership. Our cohabitation solicitors in London can help you gather and present the necessary evidence to prove cohabitation.
Are cohabitation agreements enforceable in court?
Yes, cohabitation agreements are enforceable in court, provided they are properly drafted and executed. Our cohabitation solicitors in London can help you prepare a cohabitation agreement. It will be enforceable in court and protects your rights and interests.
What is the typical duration of cohabitation?
The typical duration of cohabitation can vary greatly. Therefore, the period is an essence.
What is the term for living with someone for seven years but not being married?
The term used for living with someone for seven years but not being married is common law marriage.
Is my partner, who is not married to me, entitled to half of my house?
Whether your partner is entitled to half of your house depends on the specific circumstances of your relationship. Our cohabitation solicitors in London can help you determine your rights and responsibilities regarding property and assets.
How many nights of living together are considered evidence of cohabitation?
The number of nights living together considered evidence of cohabitation can vary significantly. Our cohabitation solicitors in London can help you determine if you deem to be cohabiting.
Contact Kayani Legal for Cohabitation Solicitors
Contact us If you need legal advice on cohabitation agreements or have a dispute related to cohabitation. Our cohabitation lawyers in London are here to help you achieve your goals and protect your interests.
Contact us now to schedule a consultation