Cohabitants meaning

Procedural Guide This Procedural Guide outlines the approach to applications made under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) or section 66 of the Civil Partnership Act 2004 (CPA 2004), for spouses and civil partners, extended to former spouses, former civil partners and those previously engaged. MWPA 1882, s 17 and its civil partnership analogue allow the court to determine, in a summary fashion, disputes concerning title to or possession of property between spouses or civil partners. In practice, this route is seldom used given the extensive range of orders available under Part II of the Matrimonial Causes Act 1973 and CPA 2004, Sch 5. Applications may likewise be issued by former spouses and civil partners, and by individuals who were formerly engaged (technically, parties to a terminated agreement to marry or civil partnership agreement) within three years of the dissolution or annulment of the marriage or civil partnership, or the termination of the engagement. See Practice Note: Applications under the Married Women’s Property Act...

This Procedural Guide explains how to pursue an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) by a trustee of land, or by a beneficiary with an interest in property held on a trust of land. It provides direction on: the threshold for bringing an application and the pre-action protocol Part 36 offers under the Civil Procedure Rules 1998 (CPR), SI 1998/3132 evidential needs and the range of orders the court may make An application under TOLATA 1996, s 14 can be brought by a trustee of land or a beneficiary with an interest in property subject to a trust of land. In addition, any other person with an interest in that property, for example a mortgage company, has standing to commence a claim. The court enjoys a wide discretion to make directions about the exercise of trustees’ functions, or concerning the character and scope of beneficiaries’ interests, which may include ordering a...

Procedural Guide—transfer of tenancy on relationship breakdown (FLA 1996, Sch 7) This Procedural Guide outlines the steps for applying to transfer a tenancy following a relationship breakdown under Schedule 7 to the Family Law Act 1996 (FLA 1996). Orders can be sought by spouses, civil partners, former spouses, former civil partners and former cohabitants, provided the tenancy is a relevant tenancy and the statutory requirements are fulfilled. For fuller practical direction, see Practice Notes: Tenancies and relationship breakdown—substantive provisions and Tenancies and relationship breakdown—procedure. This Procedural Guide covers applications under FLA 1996, Sch 7 only. Certain tenancies may instead be transferred: by a property adjustment order under section 24 of the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 equivalent (CPA 2004, Sch 5 Pt 2); in proceedings for financial provision after an overseas divorce, etc; or by a transfer of property order under Schedule 1 to the Children Act 1989. See: Transfer via a property adjustment order—spouses...

In this issue: Probate Elderly and vulnerable clients Spouses, civil partners and cohabitants UK taxes for Private Client HMRC Manuals updates Budgets and Finance Bills Digital assets and cryptoassets International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate Court Funds Office reduces special and basic accounts interest rate Effective 12 June 2024, the Court Funds Office lowered interest across special and basic accounts. Rates on special accounts shifted from 6.00% to 5.25%, while basic accounts dropped from 5.00% to 3.94%. See LNB News 16/07/2024 55. For a roundup of key rates relevant to Private Client work, refer to Practice Note: Key interest rates—Private Client. Elderly and vulnerable clients Discrimination challenge over social care charging policy (R (YVR (a...

In this issue: Trusts Court of Protection UK taxation for Private Client Updates to HMRC Manuals Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Budgets and Finance Bills Family enterprises and ownership frameworks Disputed trusts and estates Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts HMCTS issues guidance on applications to recover funds paid into the High Court, Chancery Division HM Courts & Tribunals Service (HMCTS) has issued guidance on making applications to recover money held by the High Court (Chancery Division). Released on 18 December 2025, the guidance covers three situations: surpluses from property repossessions when entitled parties cannot...

In this issue: Probate Trusts Court of Protection UK taxes for private clients Spouses, civil partners and cohabitants HMRC Manuals updates Tax avoidance, evasion and non-compliance Family enterprises and ownership models Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate Law Commission launches consultation on burial and cremation laws The Law Commission has opened a consultation to modernise burial and cremation law, parts of which are more than 170 years old. Draft proposals cover regulation of burial grounds; grave re-use and reclamation; closed and disused burial sites, and exhumation; rights afforded to the Commonwealth War Graves Commission; and cremation law. Feedback is invited from the public, specialists...

This Practice Note introduces key procedural features of the Civil Procedure Rules 1998 (CPR), SI 1998/3132, as they relate to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). The same provisions apply whether proceedings are issued under CPR Part 7 or CPR Part 8; see Practice Note: TOLATA 1996—when to use Part 7 and when to use Part 8. See also Practice Notes: TOLATA 1996—pre-action matters; TOLATA 1996—when to issue in the County Court and when to issue in the High Court; and TOLATA 1996—Part 36 offers. For practical guidance on the court’s approach to TOLATA 1996 claims, see Practice Note: Case law relating to TOLATA 1996 claims and Precedent: Specimen final orders under the Trusts of Land and Appointment of Trustees Act 1996. Costs budgeting Disclosure and inspection Witness statements Expert evidence Costs budgeting Costs budgeting forms part of the court’s duty to regulate costs. Its purpose is to enable the court to...

Client guides Client guides comprise template letters covering a broad spectrum of family law matters, suitable for sending directly by the family practitioner to the client. Each guide also features drafting commentary for practitioners and hyperlinks to relevant connected materials, such as Practice Notes, forms, authorities, precedents and legislation. For procedural guides offering step-by-step direction on, inter alia, domestic abuse, asset preservation, relationship breakdown, cohabitants, private children, financial provision, international cases and enforcement, refer to Practice Note: Family procedural guides...

Cohabiting partners typically do not enjoy the same rights as a spouse or civil partner when their partner dies, regardless of relationship length or whether the couple are same- or opposite-sex. This Practice Note highlights how a cohabitant’s entitlements on a partner’s death differ from those of a spouse or civil partner in relation to tenancies, tax, intestacy, pensions, bereavement benefits and fatal accidents. See also Practice Notes: Family provision claims—the cohabitant and Family provision claims—practice and procedure. Tenancies A cohabitant, spouse or civil partner is equally able to succeed to: a protected agricultural occupancy under the Rent (Agriculture) Act 1976 a regulated tenancy under the Rent Act 1977 an assured tenancy under the Housing Act 1988 a secure tenancy under the Housing Act 1985, which may carry conditions for pre-1 April 2012 tenancies See also Practice Note: Occupation of the family home—cohabitants. Tax On death, the disadvantages of the tax position for cohabitants may become clear....

This overview offers general guidance on injunctions in the family courts to protect against domestic abuse. Your family lawyer can provide specific advice tailored to your situation. Family homes and domestic abuse If you are facing violence, threats or intimidation, you can apply to the family courts for an injunction to help protect you. There are two types of injunction: a non-molestation order, and an occupation order What is a non-molestation order? A non-molestation order restrains your partner or spouse from using or threatening violence against you or your children, or from intimidating, harassing or pestering you. It can include detailed provisions tailored to the particular behaviour affecting you. Who can apply? To seek a non-molestation order you must be an associated person, as defined in the relevant legislation. This includes current and former spouses, civil partners and cohabitants, as well as fiancé(e)s, relatives, people living in the same household, the parents of children in the home, and...

This Deed is executed on [ insert date and month ] 20[ insert year ] Parties [ Insert name of first party ] of [ insert address of first party ] (referred to as AB: [ insert first and last name of first party ]) [ Insert name of second party ] of [ insert address of second party ] (referred to as BC: [ insert first and last name of second party ]) Recitals The parties intend that this Deed shall have binding legal effect upon them, together with their respective personal representatives and estates. [ Both parties acknowledge they have had the benefit of independent legal advice regarding the terms and effects of this Deed OR [ AB OR BC ] has obtained independent legal advice concerning the terms and effects of this Deed and [ BC OR AB ] has been advised to do so ] . Each party has agreed to this Deed...

This DEED is executed on [ insert date and month ] 20[ insert year ] Parties [ Insert name of first party ] of [ insert address of first party ] ([ AB ]); and [ Insert name of second party ] of [ insert address of second party ] ([ BC ]). Recitals The Parties agree that this Deed is legally binding upon them and upon their respective personal representatives and estates. [ Both Parties confirm they have had the benefit of independent legal advice regarding the terms and effects of this Deed OR [ AB OR BC ] has taken independent legal advice regarding the terms and effects of this Deed and [ BC OR AB ] has been advised to do likewise ]. Each Party has entered into this Deed freely and of their own volition. The Parties [ cohabited from [ date ] to [ date ] OR intend to separate from...

The statutory formula for child maintenance under the Child Support Act 1991 (CSA 1991) The statutory formula for child maintenance under the Child Support Act 1991 (CSA 1991) does not link the amount payable to whether the paying parent has contact with the children, other than insofar as the shared care rules operate. Under CSA 1991, s 3(5), it is recognised that, for the purposes of the Act, there can be more than one person with care in relation to the same qualifying child. The Child Support Maintenance Calculation Regulations 2012, SI 2012/2677, reg 46(2), further provide that any calculation must be grounded in the number of nights the non-resident parent is expected to care for the qualifying child overnight during the 12 months commencing on the effective date of the relevant calculation decision. The Child Maintenance Service (CMS) retains a discretion to take into account a shorter timeframe where appropriate in making that assessment...

Legal ownership of a property in England and Wales as joint tenants Holding legal title to a property in England and Wales as joint tenants means each proprietor owns the undivided whole, and if one dies, the survivor automatically becomes the sole owner (and where there are more than two legal owners, the successively smaller number of survivors does so, until only one remains). This is called the doctrine of survivorship. No transfer takes place and the co-owner’s interest does not form part of their estate; rather, that interest is extinguished. Legal joint tenants who co-own hold the property’s beneficial interest on trust for the beneficial owners. The starting position is that the legal joint tenants are also the beneficial owners in the ordinary course of ownership...