Lindsays Private Client Partner Dorothy Kellas was a keynote speaker on 'The Law On Cohabitation' at a seminar for solicitors involved in property conveyancing and family law.
The event, run by the Legal Services Agency at their offices in Glasgow was attended by lawyers from at least 14 other firms.
She provided the lawyers with her top tips for ensuring they deal fully and appropriately with cohabiting couples who wish to buy a home together, and highlighted some of the issues that can arise when couples who are not married buy property together.
Dorothy said: “I think over the years I have acted for a number of couples who, in one way or another, did not conform to the traditional married couple type. Increasingly, couples young and old decide to live together and there has been a huge increase in those wanting to buy property together.”
Her tips include:
1. Establish the nature of the relationship.
2. Clearly identify who you are acting for – the couple, just one of them, or even a parent – and advise accordingly.
3. Advise on how title is to be taken – is it just one partner or both?
4. Ensure there is no conflict of interest.
5. Look at the need to recommend a Cohabitation or Co-purchase Agreement.
6. Advise the cohabitants to make or review their Wills.
Dorothy is Head of the firm’s office in East Lothian. She specialises in Private Client work, with particular emphasis on asset protection and elderly care issues, and deals with wills, executries, financial planning and property.
The full presentation is available – please contact Dorothy for a copy.
