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How cohabiting couples should protect their finances

Date:14 JUN 2022
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A cohabitation agreement

Historically cohabitation agreements sometimes known as “no-Nups” were frowned upon as they were seen to encourage sexual relations outside of marriage. Thankfully times have moved on and that’s no longer the case. The general view is that such agreements are enforceable if they deal with cohabitees’ property and affairs and provided they are entered into freely with full information. Often disputes between cohabitees following separation relate to what was or wasn’t intended for example in relation to the property in which they live. Having a clear record of the cohabitees’ intentions in a cohabitation agreement can avoid expensive disputes about those issues

Jointly held assets

Contrary to popular opinion there’s no such thing as a ‘common-law spouse’ in English law. Simply living with someone doesn’t create joint assets. Rather any bank accounts or investments held in joint names will be considered joint assets as will any real estate held in joint names. Equally any items purchased using joint funds or to which each cohabitee contributed towards the purchase price will likely be joint assets. Things...

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