Cohabitation and Declarations of Trust

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Tailored Legal Solutions for Cohabitation and Trustees

At Martin Shepherd Solicitors, we offer tailored legal services to address your specific needs regarding cohabitation and trustees at our Potters Bar, Hertford, and Finchley offices. Our team of expert solicitors is committed to delivering the highest level of service, ensuring that your legal concerns are addressed effectively.

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Experienced Professional Help For Cohabitation and Trustees

When it comes to divorce proceedings, experience matters. Our divorce solicitors in Hertford, Potters Bar and Finchley bring years of experience to the table. They have successfully handled a wide range of divorce cases, from amicable separations to complex, high-conflict disputes.

Rest assured, your case will be in capable hands and you will receive expert legal advice.

Cohabitation and Property Disputes

When two or more individuals co-own a property, either as Joint Tenants or Tenants in Common, they are collectively referred to as co-owners. If these co-owners also reside together in the property, they are known as cohabitees.

Cohabitation and trustees can lead to various types of property-related conflicts. For instance:

  • Situations where you and your co-owner or cohabitee decide to separate or have a disagreement about selling the property.
  • Disputes regarding how the proceeds from the property sale should be divided.
  • Questions about whether a cohabitee, despite not being the legal owner of the property, has a legal claim or beneficial interest in it.

If you are contemplating cohabiting with your partner, a family member, or a friend, it is advisable to create a Cohabitation Agreement.

Contact us if you want to know more about cohabitation and Property rights at our Finchley, Hertford and Potters Bar offices.

Understanding the Difference between a Cohabitation Agreement and a Declaration of Trust

A Declaration of Trust serves as a legal instrument that outlines the division of proceeds in the event of a property sale. For instance, in cases where individuals jointly purchase a property, this document plays a crucial role in specifying the distribution of proceeds upon the property’s sale.

Cohabitation Agreements are established between unmarried cohabiting couples without plans for marriage or civil partnership. It is important to clarify that, according to English law, there is no concept of a ‘common law’ marriage, and couples who have not entered into a legal ceremony have limited legal entitlements in the event of a relationship breakdown. 

A Cohabitation Agreement not only addresses property and asset division upon separation but also delineates financial responsibilities while the couple lives together. It encompasses various financial matters that may require attention if the relationship were to end.

It is quite common to have a Declaration of Trust and a Cohabitation Agreement prepared at the same time.

Our team at Martin Shepherd Solicitors can offer advice for the cohabitation and trustees process.

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Ensuring Legally Binding Agreements for Cohabitation and Trustees

Make sure your cohabitation and trustees are legally binding.

A Declaration of Trust becomes legally binding when it is properly drafted and executed. To ensure that all legal requirements are met, you must seek advice from expert solicitors. We can guide you on the impact of the declaration and ensure that correct procedures are followed.

Cohabitation Agreements are likely to be upheld by the courts as legally binding, provided they adhere to the general principles of contract law. These principles involve elements, such as:

  • Intention to create legal relations. 

The individuals involved must seek separate legal advice for cohabitation and trustees, and it is considered best practice for each party’s solicitor to attach separate signed documents confirming that legal advice has been received. 

You should also consider updating your Cohabitation Agreement as your relationship evolves.

Our team at Martin Shepherd Solicitors can guide you through the cohabitation and trustees process.

A Cohabitation Agreement is essential for unmarried cohabiting couples as it clarifies property and asset division upon separation and delineates financial responsibilities while living together. Without such an agreement, couples may have limited legal entitlements under English law in the event of a relationship breakdown.

Our team at Martin Shepherd Solicitors can guide you through the cohabitation and trustees process.

You should consider getting a Declaration of Trust when purchasing a property jointly with another individual. This legal document specifies how the proceeds from the property sale will be divided among the co-owners, providing clarity and avoiding disputes in the future.

Our team at Martin Shepherd Solicitors can guide you through the cohabitation and trustees process.

To ensure that your Declaration of Trust is legally binding, it must be properly drafted and executed. Seeking advice from expert solicitors is crucial to ensure that all legal requirements are met and that correct procedures are followed. Our team at Martin Shepherd Solicitors can guide you through the cohabitation and trustees process.

A Cohabitation Agreement is likely to be upheld by the courts as legally binding if it adheres to the general principles of contract law. These principles include demonstrating an intention to create legal relations and ensuring that each party seeks separate legal advice. It’s essential for each party’s solicitor to confirm that legal advice has been received in separate signed documents.

Yes, it’s advisable to update your Cohabitation Agreement as your relationship evolves or circumstances change. This ensures that the agreement remains relevant and reflects the current intentions and agreements of both parties involved.

Our team at Martin Shepherd Solicitors can guide you through the cohabitation and trustees process.

You can get expert guidance on cohabitation and property protection matters at Martin Shepherd Solicitors. Our team offers tailored legal solutions and expert advice at our Hertford, Potters Bar, and Finchley offices. Contact us today to learn more about protecting your property interests and ensuring legal clarity in your cohabitation arrangements.

Having both a Cohabitation Agreement and a Declaration of Trust prepared simultaneously offers comprehensive protection and clarity for all parties involved. While a Cohabitation Agreement addresses property division and financial responsibilities during the relationship and upon separation, a Declaration of Trust specifies the division of proceeds from property sales among co-owners. 

Our team at Martin Shepherd Solicitors can guide you through the cohabitation and trustees process.

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