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Family legal advice articles
Foreign divorces - Better protection for spouses
9 July 2010
Husband's covert affair means Wife keeps house
6 July 2010
"It's been in the family for years" is no argument
5 July 2010
Wedding video stops divorce
2 July 2010
Time doesn't run out for maintenance penalty
1 July 2010
Budget Summary 2010 | How it will affect you
23 June 2010
No Appeal for Unsupported Claim by Cohabitee
25 June 2010
A man's attempt to obtain a half-share of his ex-partner's property after they split up failed recently when he could not persuade the Court of Appeal that his decision to have his name removed from the deeds, taken more than 20 years earlier, should be ignored when determining the ownership of the property.
The decision of the County Court judge was that the man should receive nothing in respect of the property, given that he had 'contributed little' to its purchase. On the facts presented, the Court of Appeal ruled that his application for permission to appeal was 'hopeless' and leave to do so was therefore refused.
This is yet another case in which the courts have supported the legal form of the arrangements made by a cohabiting couple in the absence of truly compelling evidence that some other arrangement should apply.
It is naïve to believe that 'justice will be done' in such circumstances: a living together agreement or other legal agreement regarding the division of assets in the event that a relationship does not last is an inexpensive form of insurance.
Petrova Caldecourt, associate in the family law team, advises: "Sadly this is not an isolated case. It is essential that parties cohabiting take advice at the early stages of their cohabitation to protect their respective positions."
If you would like to speak to one of B P Collins' experts in family law, please call 01753 279045, complete the online enquiry form or email familylaw@bpcollins.co.uk
