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In The Press

Married or co-habiting? Understanding your rights (Asian Voice) (8 August 2017)

Date: 08/08/2017
Duncan Lewis, InThePress Solicitors, Married or co-habiting? Understanding your rights (Asian Voice)

Paul Nuttall wrote an article for Asian Voice commenting on the common misconception that couples who live together, but are not formally married, have about their rights. He clarifies that contrary to the belief of some “common law” spouses do not have the same kind of legal rights and obligations that married spouses do. He explains how couples who live together can hold property, differentiating between ‘Joint Tenants’ and ‘Tenants in Common’. He writes ‘If you are married and you divorce, the joint assets and the family home are all divided according to the Matrimonial Causes Act 1973. The court has wide reaching powers to vary the ownership of property. With Cohabitees the court looks only at direct contribution and intention, and this is governed by the Trust of land and Appointment of Trustees Act 1996. This is much stricter and does not take into account a parties needs in any way. It is important that before you enter into property ownership with a partner that you consider your options carefully and don’t let love blind your decision making, particularly where you have raised the majority of the funds for the deposits!’

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