Success for Cohabitee in obtaining share of property

Mrs. Williams jointly owned her home with her partner of 18 years whilst he remained married to his wife.  When he passed away unexpectedly his share of their home passed to his wife leaving Mrs. Williams’ continued right to live in their home in jeopardy.  They had owned the property as tenants in common which meant that in the event that one of them passing away their share would pass in accordance with that person’s will or, in the absence of a will, under the intestacy rules.  

Mrs. Williams was successful in her application for ‘reasonable financial provision’ from his estate and was awarded his share in the property.  His wife is considering an appeal.

This case highlights the dangers associated with not obtaining a divorce and dealing with the financial aspects of the breakdown of a marriage at the time of separation not to mention the importance of considering how your death could impact upon on those you love and how best to protect them.  The costs in respect of this case are said to run into 6 figures.

George Green LLP has a specialist Family Law Department which can provide advice to those intending to divorce and/or seeking advice with regard to cohabitation.  We offer a free initial telephone case assessment to provide advice and discuss next steps.

George Green LLP is a leading full service law firm and recognised as such in both Legal 500 and Chambers and Partners. Our lawyers make a difference by helping our clients succeed. We have offices in Cradley Heath and Wolverhampton.