2018 Guide to Co-ownership & the Rights of Cohabitants

2 CPD Hours

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, 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;

  • aware of other relevant factors, including the special rules which apply to engaged couples and the equity of exoneration

  • 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 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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