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Did you know? Are you married/in a civil partnership or living together? - Part 7


What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally valid marriage, have? (The law in Scotland is different), continued from parts 4-6



Not legally married

Owned property – CAPITAL such as  Houses, savings

The Court can adjust the division of assets owned by the couple whether in joint names or sole names on divorce or judicial separation and can transfer assets

A Cohabitee cannot claim for a share of their partner’s assets. If a house or other asset is in one person’s sole name then the other person has no right to it unless it has been agreed (VERY USEFUL AND ADVISABLE EVIDENCE OF THIS IS A COHABITATION AGREEMENT or DECLARATION OF TRUST) and usually they have had to make a financial contribution. This is a very difficult and expensive argument to have. If the property is jointly owned then the property is divided in accordance with the parties shares (a declaration of trust is STRONGLY advised if it is not equally)

If the parties have minor children the Court can transfer ownership or allow a party to stay in the other person’s house during their childhood but it is unusual and depends on the parties’ assets. There usually needs to be enough money to house both parents for this to even be considered.

Possessions and pets

The Court can decide who is to have what (but it is expensive and better agreed)

The person who purchased the pet or possession is the owner.

Continued in Part 8 next week.


Added: 12 Feb 2018 14:56

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