Hampshire &amp; Isle of Wight


<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1000" height="667" src="https://hants.muddystilettos.co.uk/wp-content/uploads/sites/17/2021/02/Couple-love-Paris-Smith.jpg" alt="Couple in Love " class="wp-image-21291" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Couple-love-Paris-Smith.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Couple-love-Paris-Smith-300x200.jpg 300w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Couple-love-Paris-Smith-720x480.jpg 720w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Couple-love-Paris-Smith-768x512.jpg 768w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Couple-love-Paris-Smith-787x525.jpg 787w" sizes="(max-width: 1000px) 100vw, 1000px" /></figure>



<p>Love, relationships
and living together are complicated at the best of times. In the topsy-turvy
world of the pandemic and a national lockdown, life is even more complex. While
legal restrictions on our personal lives are driving some partnerships to
breaking point, for couples trying to maintain a meaningful relationship over
Zoom, the idea of living together permanently is pretty tempting – especially
if you think your prospective live-in-partner is suitably domesticated (finding
random socks – total romance killer).</p>



<p>If you are planning on living together during lockdown (and hopefully beyond) – we say hurray! But take note too, says <a href="https://parissmith.co.uk/staff/zoe-culverwell-solicitor/">Zoe Culverwell, family solicitor at top Hampshire law firm Paris Smith LLP</a>: like all big life decisions, living together can have legal implications. Being clued up about any potential pitfalls before taking the co-habiting plunge could avoid costly financial consequences further down the line, especially when it comes to property. </p>



<p>It’s not the
sexiest conversation to have – especially if you’re still in the sweet nothings
phase – but it’s pretty
clear that a frank chat now could prove to be time well spent if things don’t quite
work out like your favourite Richard Curtis movie. Zoe, it’s over to your top
tips.</p>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1000" height="666" src="https://hants.muddystilettos.co.uk/wp-content/uploads/sites/17/2021/02/Zoe-Culverwell-bw.jpg" alt="Zoe Culverwell Paris Smith legal advice" class="wp-image-21289" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Zoe-Culverwell-bw.jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Zoe-Culverwell-bw-300x200.jpg 300w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Zoe-Culverwell-bw-720x480.jpg 720w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Zoe-Culverwell-bw-768x511.jpg 768w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Zoe-Culverwell-bw-788x525.jpg 788w" sizes="(max-width: 1000px) 100vw, 1000px" /><figcaption>Zoe Culverwell, Family Solicitor at Paris Smith LLP</figcaption></figure>



<h2 class="wp-block-heading">1. Know the legal implications of living together</h2>



<p>As an unmarried couple, your claims against one another are limited. You don’t have the same rights as a married couple, who can claim against one another’s assets, income and pensions. However, there are potential legal implications of living together during the Coronavirus lockdown if one of you is a property owner: if financial or other significant contributions are made by a non-owning party to property held in the other party’s sole name then, under trust law, the non-owning party may be able to make a claim.</p>



<p>These types
of claims generally happen where one person makes a financial or other
significant contribution to a property held in the other person’s sole name.
The non-owner could suggest that the contribution gives rise to a beneficial
interest in the property – i.e. a share of the proceeds when it comes to be
sold.</p>



<p>The current
financial climate may well increase the likelihood of this happening. For
example, a self-employed person may be struggling to make ends meet. Meanwhile,
it’s business as usual for their employed partner, working from the comfort of
the self-employed individual’s home and being paid as normal. </p>



<p>Not wanting
to see their partner stressed or worrying about money, the employed individual
offers to help. “Don’t worry”, they may say, “I can help you this month by
paying half of your mortgage.” A supportive, kind and generous offer, but one
that could, if accepted, cause all sorts of issues further down the line, when
COVID-19 passes and the legalities of that fast-tracked cohabitation are
interrogated.</p>



<p>It isn’t just
contributions towards the mortgage that homeowners should be cautious about,
either. The same claims can arise in relation to maintenance or decoration. If
works are jointly undertaken which improve the value of the property, a
beneficial interest may arise.</p>



<figure class="wp-block-image size-full"><img decoding="async" loading="lazy" width="1000" height="667" src="https://hants.muddystilettos.co.uk/wp-content/uploads/sites/17/2021/02/Woman-moving-house.Paris-Smith..jpg" alt="Woman list house move living together" class="wp-image-21292" srcset="https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Woman-moving-house.Paris-Smith..jpg 1000w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Woman-moving-house.Paris-Smith.-300x200.jpg 300w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Woman-moving-house.Paris-Smith.-720x480.jpg 720w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Woman-moving-house.Paris-Smith.-768x512.jpg 768w, https://dev.muddystilettos.co.uk/hants/wp-content/uploads/sites/17/2021/02/Woman-moving-house.Paris-Smith.-787x525.jpg 787w" sizes="(max-width: 1000px) 100vw, 1000px" /></figure>



<h2 class="wp-block-heading">2. Take time out to talk and be clear </h2>



<p>The key, in
all of this, is to be clear about the intention surrounding any financial
contributions your partner may make towards your property. It may be that you
always intended to discuss this, but the pace at which your cohabitation
happened meant that this was overlooked. Communication is crucial; avoid
leaving things on an uncertain footing. If you don’t want your partner’s
contributions to give them an interest in your property, say so. Be frank and
honest. These conversations aren’t always easy, but they need to be had.</p>



<h2 class="wp-block-heading">3. Agree on paper with a Living Together Agreement</h2>



<p>Once you’ve
had those conversations, the next step is to formalise your intentions in a
cohabitation or “living together” agreement. If drafted properly, this
agreement will minimise as far as possible the opportunity for dispute and
provide a simple, clear framework on how any dispute should be resolved &#8211; important
for both parties.</p>



<p>The agreement
will record who owns what at the start of the relationship, how any property
acquired during the relationship will be owned, and who will be responsible for
the mortgage/other property costs. It can also provide a framework for what
will happen if, for example, the relationship breaks down, how the sale
proceeds of a property will be divided, who will be liable for joint debts and
whether one person should support the other.</p>



<h2 class="wp-block-heading">4. Formalise temporary arrangements too</h2>



<p>If living
together during lockdown is a temporary arrangement, a cohabitation agreement
is still worth considering &#8211; don’t assume claims won’t arise in the future. Discussing
legal documents is nobody’s fun activity (unless you’re a solicitor!) but if your
relationship does breakdown, you’ll be grateful that you took the time to
address matters properly.</p>



<p><em>For advice
about living together or help with an agreement, speak to a member of the Paris
Smith&nbsp;</em><a href="https://parissmith.co.uk/our-people/?name_position=&amp;business_services=&amp;life_services=11&amp;specialist_services=&amp;surname="><em>Family team</em></a><em>. Its page “</em><a href="https://parissmith.co.uk/coronavirus-advice/"><em>Coronavirus (COVID-19) – Legal advice and guidance</em></a><em>” is continually being updated with
advice and guidance from Government and other regulatory bodies.</em></p>


10-minute brief: Living together during lockdown

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