2016 Guide to Co-ownership & the Rights of Cohabitants

2 CPD Hours = £36

Competency/Learning Objective - Legal knowledge and skills

Advising those who are buying a residential property as their home continues to be one of the commonest causes of claims against conveyancers. It is no longer sufficient to advise as to the differences between a joint tenancy and a tenancy in common. Instead, the parties must be advised to consider not only their current intentions, but also their future intentions.

And when a relationship breaks down, the parties need to know whether, and if so to what extent, they have any claim on the family home. 

Once you have completed this course, you will be able to:

  • advise authoritatively on the current law of express and constructive trusts as it applies to both joint owners and sole owners who are cohabiting or who used to cohabit;

  • advise as to the issues that prospective buyers and their partners need to consider;

  • draft effective declarations of trust or cohabitation agreements which record the parties’ intentions and expectations as to beneficial ownership of the property.

Course dated: January 2017

About the Author:

Richard Quenby was called to the Bar in 1985, specialising in landlord and tenant, commercial property and insolvency work. Subsequently, he spent more than 6 years as the Principal Professional Support Lawyer in the Real Estate Division of Addleshaw Goddard LLP, worked as a Professional Support Lawyer at DWF LLP and is now a Supervisory Lawyer at Berwin Leighton Paisner. Richard has also worked as a freelance writer, tutor and lecturer. His published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is a co-author of "Flat Schemes in Residential and Mixed Use Developments", published by Bloomsbury Publishing and a member of the Consultant Editorial Board of LexisPSL. He is also the author of a number of other courses for LegalTraining. Richard can be found on LinkedIn here.

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