Stamp Duty Land Tax Holiday Extended
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MoreIn a series of ‘Frequently Asked Questions’, we will be tackling the most common questions relating to divorce, cohabitation, prenuptial agreements and care of children. Cohabitation is becoming the popular alternative for those who are happily unmarried, as well as those just starting out in their relationships.
Cohabitation is when you live with your partner, but you are not married, engaged to or in a civil partnership. There is no such thing as a common law marriage, you either are cohabiting or are married/in a civil partnership. As a cohabitee your legal rights should the relationship fail are very different, even if you have children together, than if you had been married/in a civil partnership. For further information please see: http://hklaw.uk/hk_news/common-law/
Your girlfriend cannot acquire parental rights over your children unless you (and their natural mother) have either given them to her, or she has obtained them via court order (such as a child arrangements order in your joint names). If neither of these options apply then you as Father, and their natural mother, are the only people with parental rights for your children.
If you are simply living in your friend’s house and pay rent under an agreement (whether a verbal or written one), then you are a licensee of the property, and if your friend decides to sell the property, you would be given notice to vacate the property. You would have to vacate the house upon the expiry of that notice.
The ownership of the house would pass according to the terms of your partner’s Will, or if they did not make a Will, under intestacy rules to their family. You may not be able to stay in the house, unless you either have the agreement of the new owner, or your partner made provision for you in their Will for you to be able to reside in the house. You might also need to make a claim against the house itself if you have contributed to the purchase price, or any renovation works at the property. Or make a claim against your partner’s estate if you have been dependent on your partner for a minimum period of 2 years immediately preceding their death, but this claim must be made within 6 months from the date of a Grant of Probate so it’s essential that someone in that position takes urgent legal advice. You and your partner should discuss this and make Wills to prevent future uncertainty, and consider entering into a cohabitation agreement so no difficulties arise in this situation. For further information please see: http://hklaw.uk/hk_news/the-dangers-of-acting-as-executor-of-a-will/.
It is important to consider how you are going to own the property that you purchase. If you are putting in unequal contributions to the purchase price, you should enter into a Deed of Trust or cohabitation agreement to state what you would each receive should you separate and the property is to be sold. A cohabitation agreement can also cover additional issues such as bank accounts, having children, responsibility for the payment of bills etc. This is particularly essential if for any reason you are contributing to the purchase price but the house is being placed in only your boyfriend’s name for any reason.
Disclaimer: These answers do not constitute legal advice, and should not be relied upon. The answers are intended to be useful but do not replace legal advice tailored to your individual circumstances.
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