Foster Wells Solicitors
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Family

 

Cohabitation

For those couples who are ending a cohabitation relationship, the Courts do not have such a wide discretion in dealing with the assets from that relationship. In relation to property, the Court is bound by the Trusts of Land and Appointment of Trustees Act 1996. This will look firstly at who the registered proprietors of the property are. The Court will also enquire as to whether there is a Deed of Trust between the owners which may provide evidence as to the proportions held in the property by each owner. If the property is owned jointly without a Deed of Trust the Court will often assume that it is owned equally. Alternatively, if there is only one registered proprietor, the Court will first assume that he or she is solely entitled to the property.

The Court will consider any evidence from either party as to additional funds invested in the property ie. a lump sum upon purchase by one party who is not a registered owner. In those circumstances, the Court may well accept that without being registered as an owner, that party does have an interest in the property. Contributions such as paying household bills, however, will not generally give a party an interest in the property itself.

 


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