Spouses, civil partners & cohabitants

Spouses, civil partners & cohabitants guidance:

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

Issues relating to a child's surname may arise more frequently between cohabitants, and former cohabitants, than couples who are, or have been, spouses or civil partners....

Practice Note

Constructive trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are resulting and implied trusts,...

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

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

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s...

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

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