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Occupational Rent

  • compwizz666
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06 Jan 17 #487204 by compwizz666
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Just been to visit my friend to get some details. The Co-hab agreement had entries stating that each person is entitled to 50% of any investments made by the other party. His proof of earnings ( payslips ) provided details of these investments at paydate. What I have since found out is that his name was added to the deeds at the time of signing. The agreement had a 3 month notice included so either could terminate it. He did this at the end of 2013 so the agreement ended at the start of 2014 but he failed to remove his name from the deeds. Either an oversight or done on purpose. So the agreement ended in Feb 2014 so is he entitled to claim occupational rent for the time after the end of the co-hab ?

  • hadenoughnow
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06 Jan 17 #487216 by hadenoughnow
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If both names are on the deeds then they both own the property. If there was no Deed of Trust drawn up to specify who owned what percentage, the assumption will be that it is a 50:50 split.

Any application to vary this would need to be made under property law. As has already been said, this is different from Family Law in that the loser pays all the costs.

Your friend would need a legal opinion on the chances of success in a claim for 50% of the endowment policies and the legal status of the agreement.

This could also cover the chances of a claim for occupation rent having any merit. TBH I am doubtful.

Hadenoughnow

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