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Legal advice could help smooth path of young love
Saturday 31st January 2009
 

Loved-up young couples who use St Valentine's Day as the signal to take the plunge and move in together might want to take legal advice first.
So says partner and private client specialist Karen Shakespeare, at national law firm Shoosmiths.

“Young lovers who decide this time of year is the ideal one to start to co-habit shouldn't rush into it,” she warned.

“Getting specialist legal advice about co-habiting is essential, and could save a lot of heartache and difficulties should a relationship break down, or the loved one die.”

Around two million UK couples co-habit, and that is set to double in the next 25 years.

Karen said: “Many unmarried co-habitants are simply not aware of the legal implications of living together, and this can cause terrible hardship for people.”

Current law gives some protection to married couples if one partner dies, as the surviving spouse automatically inherits at least some of the estate.

“But,” said Karen, “unmarried couples are in a much worse position, as they will only inherit from their partner if there is a Will in place.

“Without a Will, the entire estate passes to the deceased's next of kin according to strict rules of entitlement. It is possible that the surviving co-habitant will have to sell the house to give half the sale proceeds to their deceased partner's parents.”

And she said if a relationship goes wrong, unmarried couples living together have no legal rights despite what many people think.

“There is no such thing as a common-law wife and husband, and there hasn't been for more than 250 years.

“So it's important to protect yourself by making a Declaration of Trust, especially if the house is in one name or if one partner has contributed more than the other towards the purchase of a jointly owned property.

“A Declaration of Trust is a simple document made through a solicitor when buying a house. It can also be prepared at a later date, so it is never too late to protect your investment. A declaration of trust puts an end to arguments about house ownership should the relationship end.”


Published by admin for Shoosmiths

The Lakes
Northampton
Northamptonshire
NN4 7SH
England
Phone: 08700 86 3000
Fax: 08700 86 3001
Web:http://www.shoosmiths.co.uk
 
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