Living Together Rights?

What are your rights if you are living together without the protection of marriage? Do you have any rights at all? These are some of the issues you will need to consider:

What Is The Legal Position?

There is no such thing as a common law husband or wife. Division of assets will depend upon the law governed by the Trusts of Land and Appointment of Trustees Act 1996, commonly known as TOLATA.

If you are married then your rights are protected by statute namely the Matrimonial Causes Act 1973.

If you are not married you have to rely upon land law and equitable ownership of a property.

A trust of land can be created by way of:-

Express Trust Of Land

This is created when a person either expressly declares that he or she holds property on a trust for another or transfers the property to another expressly subject to a trust. An express declaration of trust will conclude the issue of beneficial ownership.

Resulting Trust

This is a trust that is implied or presumed when a person purchases property in the name of another or where a person makes a direct financial contribution to the acquisition of property in another’s name (this contribution must occur at the time when the property is purchased).

Constructive Trust

This is a trust that is implied to give effect to the common intention of persons typically where there is an agreement, arrangement or understanding between them that a property should be shared beneficially on which agreement one person relies to his or her detriment.

Proprietary Estoppel

This is a doctrine applicable where a person has been encouraged or is allowed to believe by an owner of land that he or she has certain rights in or over it. That person then acts to his or her detriment in reliance on this belief.

What Happens Next?

It can be seen from above that this is a complicated area of law and you will need specific, clear advice.

We have the expertise, experience and knowledge to be able to advise you clearly and to negotiate a settlement.

We are trained to adopt a non confrontational approach but at the same time protecting your interests at all times.

How Much Will It Cost?

We believe the first interview is the important one for you. It will give you the first chance obtain answers to your many questions. You can see if you like us and able to achieve a rapport that gives you the confidence and trust to continue with your instructions.

It is for these reasons we offer an initial one hour of advice for a nominal fee. Call us to find out more about this (there is no charge for this initial conversation so you have nothing to lose).

Need Specialist Family Law Help?

Please call Tim Giles on 0121 236 7388 or by complete a Quick Enquiry Form.

How Can We help you?
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