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Common Law Myth Strikes Again

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Separation or even divorce will not deal with the financial claims that you do have as a  result of the marriage

Why people living together need to take steps to secure the home they share...

A case going through court proceedings at the moment concerning a cohabitee’s claim for a share of the house she shared with her deceased partner should serve as a reminder that simply living together, regardless of how long, does not automatically entitle you to a share in the home that you have shared together.

The deceased partner had never divorced nor updated his will and resulted in his share of the property passing to his estranged wife upon his death.  A further reminder that separation or even divorce will not deal with the financial claims that you do have as a  result of the marriage.

The surviving partner could easily have been avoided what will now be a costly and stressful battle which could ultimately see her lose her home and those in committed relationships sharing a home but are not married are strongly urged to enter into a cohabitation agreement to define ownership of property and expectations in the event of separation or death.

If you would like further advice, give Sarah a call on 020 3440 8000 or email her at sarah.stace@tvedwards.com 

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