Spouses, civil partners & cohabitants

Spouses, civil partners & cohabitants guidance:

Who has parental responsibility? At birth • where the parents were married to each other, or from 2 December 2019 civil partners of each other at the time of the child’s...

Practice Note

It is natural that spouses may want to make gifts to each other since it is fairly typical for couples to share their property. The term ‘spouses’ is used in this...

Practice Note

Capacity to sell Trustees of land have all the powers of an absolute owner in relation to the land which is subject to the trust. A buyer from trustees of land is not...

Practice Note

Co-ownership Where property is purchased in the joint names of two or more co-owners a statutory ‘trust of land’ arises. Trustee Act 1925, s 34(2) limits the number of...

Practice Note

There are various definitions of cohabitation within case law. Under the current remedies available to cohabitants, the first step will be to establish that the...

Practice Note

This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), including the leading...

Practice Note

Children's surnames at registration A child's birth must be registered within 42 days of birth. It is the duty of the mother and father of the child to register the...

Practice Note

Millett LJ subdivided types of constructive trust into two categories, distinguishing between: • the constructive trust proper, where equity intervenes to prevent the...

Practice Note

Interaction of matrimonial and other laws Marriage can affect the rights of the parties in one or more of the following ways: Matrimonial contract and property regimes...

Practice Note

Note: In practice, the terms ‘equitable’ and ‘beneficial’ tend to be used interchangeably when describing any interest in land which is not a legal estate (and in...

Practice Note

Date [insert date of deed in its full format DD-Month-Year] Parties 1 [insert full name of Trustee] [incorporated in England and Wales with company registration number...

Precedents

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial...

Practice Note

Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the coronavirus (COVID-19) pandemic and until...

Practice Note

Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate...

Practice Note

Cohabitants and other co-owners or co-occupiers of property, often fail to specify the extent of their respective beneficial interests in the shared home. This can create...

Practice Note

The cohabitant The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits a claim by a person who has cohabited with the deceased and applies...

Practice Note

Parties who live together may regulate the terms of their cohabitation by entering into a cohabitation contract. It is prudent to do so to ensure clarity both during the...

Practice Note

The parties to a marriage or civil partnership cannot contract out of the court’s jurisdiction to make orders for financial provision on divorce or dissolution, however,...

Practice Note

What is a pre-nuptial agreement? A pre-nuptial (or pre-civil partnership) agreement is a contract between the parties to an intended marriage or civil partnership that...

Practice Note

Cohabitants and other co-owners or co-occupiers of property, often fail to specify the extent of their respective beneficial interests in the shared home. This can create...

Practice Note

This Practice Note provides an introduction to marital agreements as a wealth protection tool and the case of Radmacher v Granatino for Private Client practitioners. For...

Practice Note

Trusts arrangements are increasingly popular with, for example, foreign individuals who live in the UK while retaining their non-UK domicile under UK law. UK tax charges...

Practice Note

Dear [insert organisation name] Our Client: [ ] Your Client: [ ] Re: [insert property address] We act on behalf of [ ]. This is our letter of claim in relation to our...

Precedents

Dear [insert organisation or individual’s name] Our client: [insert name] [Property OR Land]: [insert address] Land Registry number: [insert Land Registry number] We are...

Precedents

For an introduction to marital agreements and the reported cases since Radmacher v Granatino, see Practice Notes: Introduction to marital agreements for Private Client...

Practice Note

This Practice Note continues on from Practice Note: Introduction to marital agreements for Private Client practitioners which should be read first. Reported cases since...

Practice Note
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