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Cohabitation Solicitors in Carlisle, Cumbria & Northumberland

The separation of unmarried couples can sometimes be more complicated than divorce proceedings. Separation means dealing with sensitive issues therefore it is important the process is dealt with efficiently and, if possible, amicably, by an experienced expert solicitor.

Working with Cartmell Shepherd

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Be Prepared

Whether you need advice before living together or after separating, our team can help with:

Advice on potential interests that can be generated by, for example, paying towards the purchase of a property or developing it.
Drafting cohabitation agreements
Advising on trust deeds outlining shares in a property
Advice on claims under the Trusts of Land and Appointment of Trustees Act 1996.

Achieving a sale of jointly owned property

Most cohabitation cases settle before court proceedings are brought. The first stage is to establish how a property is owned and what each party’s respective ‘beneficial interest’ is. We can provide this advice in the initial stages of any case.

The next stage is to engage in negotiation leading to either a ‘buy out’ or order for sale. Where children are involved, we can advise about potential claims under Schedule 1 of the Children Act 1989 which may mean that a property can be preserved to provide a home for children for a period of time.

The final stage is to ensure that a binding agreement is reached and implemented.

Our team of specialist family lawyers can help at all stages of the process.

How we can help

FAQs

Why should I make a will?

It is important that you make a will to ensure that your estate (money, property and possessions) is distributed in the way you wish it to be, when you die. If you die without a will, there are rules which dictate how your estate will be distributed. For example, unmarried partners cannot inherit from one another without a will. This could leave your partner with major financial difficulties.

Do I have to use a solicitor make a will?

You can write your will yourself, however it is generally advisable to use a solicitor to ensure your will has the effect you intend it to. It is easy to make mistakes during the process of drawing up your will and if there are error, this can cause issues after your death. Of the question is a draft will valid in the UK – for a will to be valid, it must meet the following requirements under the Wills Act 1837:

• It must be in writing.
• It must be signed by the testator (the person making the will) or by someone else in their presence and at their direction.
• The testator must intend for the signature to give effect to the will.
• The will must be signed in the presence of two witnesses, who must also sign the will in the presence of the testator.

What does the executor do?

The executor is the person named in a will as responsible for taking care of the deceased’s estate.

What is probate and do I always need it?

Probate is the legal process of dealing with someone’s estate when the die. Being granted probate means you can lawfully manage their estate. You will need to apply for probate if you are a named executor on the deceased’s will. The executor or administrator is not required to apply for probate but if they do not, they will not be able to transfer the title of any assets that exist in the deceased’s name.

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