Home  Family  Cohabitation

Cohabitation

If you are thinking or living with your partner or are already living with your partner, have you thought about how your financial affairs are arranged and what would happen if you separated? A Cohabitatoin Agreement can set out how you decide to arrange your financial matters and what should happen if you separate, such as the ownership of your home. This may be particularly so if the property is owned in only one name, the other person may still be able to claim a interest in that property.

The law relating to cohabitation and property rights can be a complex area.

Essentially, the law relating to joint ownership is based on three broad principles, namely:

1. A Deed - Written declaration 

2. A Constructive Trust - a common intention between the parties, before the property is bought

3. A Resulting Trust - who contributed what

At Kirwans we can help guide you through your rights and entitlement when you separate.

We can also advise on and prepare a Cohabitation Agreement to avoid the the complexities of the law shoud you separate.

We are happy to agree fixed costs once we know the details of your case.

Bookmark and Share