A Conveyancers Guide to ‘Moving in Together’ & Relationship Breakdowns

Introduction

This course has two primary aims: (i) to explore the conveyancer’s role and retainer when acting for couples and family members who intend to live together in the property and (ii) to cover a range of property dispositions that can occur when a relationship breaks down irretrievably. Therefore, it is primarily designed for property lawyers rather than family practitioners or litigators.

On co-ownership, this course will focus on major issues and pitfalls that can arise for the property lawyers and their clients. Consideration will also be given to giving appropriate advice to the clients while at the same time setting proper limits on your retainer with the client.

The breakdown of relationships between property owners, whether married or unmarried, can create specific problems, not least in the variety of ways in which the property can be disposed of. This aspect of the course looks at some of the wider issues and problems that can arise in property transactions after the co-owners feel they can no longer live together.

What You Will Learn

This course will cover the following:

• Conveyancing on Relationship Breakdown
• Property transfers, can you act for both parties? What are the major risks?
• Implementing court orders for sale or for adjustment of beneficial interests — what checks do you need to undertake?
• Dispositions following the bankruptcy of a co-owner
• Undue influence — how can you spot the warning signs and mitigate the risks?
• Undeclared equitable interests, resulting and constructive trusts
• The problems of unravelling an inadequate declaration of trust
• Co-ownership Issues
• Protecting third party interests when the title is registered — are there any trustee restrictions?
• Joint tenancies and tenancies in common — some of the lesser-known pitfalls
• Identifying potential conflicts of interest
• Matters that could be addressed in a bespoke declaration of trust
• Third party contributions: lender requirements, written evidence, gifts and loans
• Nuptial agreements and cohabitation agreements - what advice or recommendation should you give?