In contrast, a cohabitee
does not have any such rights.
She has experience across a wide spectrum of topics including divorce and separation, financial disputes and disputes between cohabitees
, with particular interest in the resulting financial issues including family businesses, multiple properties and pensions.
My interpretation of one of the protocols is that cohabitees
will be able to make out a good case for discrimination if they are given different rights from widows.
Instead, gifts to other family members could be considered or, if the surviving person will need access to the assets, a gift could be made to a trust and the surviving cohabitee
would be a beneficiary.
For example, a spouse may not necessarily inherit the whole of the estate, and a cohabitee
may not inherit anything at all.
The surviving cohabitee
may be able to claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
The 1976 Act set out the immediate family who can sue as a surviving spouse, opposite-sex cohabitee
, parent or child.
His barrister, Paul Caulfield, said: "He had not seen his cohabitee
and their child for a considerable time and as soon as he was taken to the open prison he effectively walked out unchallenged.
Contrary to popular belief, a "common law spouse or partner" - as a cohabitee
may be known - has no legal standing under the intestacy rules that apply when a person dies without a will.
However as things stand a cohabitee
would have to show that they had contributed to the mortgage or invested a substantial sum in the fabric of a property in order to claim a share of it.
The only rights a cohabitee
has are property rights based on contract law regardless of how long you've been together," she says.
Our Family department can assist you with: Divorce, judicial separation, dissolution of civil partnerships All financial issues following divorce, separation or dissolution of civil partnerships in particular dealing with complex issues involving business interests, pensions, and family trusts Cohabitee
disputes Children issues including residence, contact, specific issues, prohibited steps and parental responsibility Prenuptial and Postnuptial agreements Maintenance issues Cohabitee
agreements and separation agreements Trust of land Disputes Contact Us Today: 1 Copthall House, Station Square, Coventry CV1 2FY law@bandhatton.