‘Moving in Together’ - The Latest Guidance for Conveyancers

Introduction

There can be many examples of clients moving in together - it may be a couple intending to cohabit or simply to share expenses, older relatives moving in with their adult children, adult children moving back with parents or a previously married couple starting a new relationship.

In any of these cases there are many pitfalls for the conveyancer - your task is not simply to convey the property but extends beyond that to questions of capacity, conflict, taxation, and trusts.

It is timely to examine these and related matters.

What You Will Learn

This webinar will cover the following:

• Constructive trusts where property is transferred to one party but both live there - Fattal v Fattal [2022]
• SDLT 3% surcharge implications on the purchase of a ‘granny flat’ or annexe
• Conflict of interest in the context of joint buyers, duties of disclosure and separate representation, SRA Code 2019. Law Society Guide to conflict in conveyancing
• ‘Gifted deposits’, inheritance tax implications
• Wills and inter-family disputes, other offspring. Claims by surviving occupier where there is no will and commorientes - who died first?
• Difficulties with joint ownership. Declarations of trust and problem cases
• Practical difficulties, aging and social care
• A look at the Law Society Guide to Moving in Together
• Mortgage problems, 'other occupiers'/'sharing possession' covenants, equity release
• Fraud - is the person in front of you really the spouse or parent?
• Pre-nuptial agreements, cohabitation agreements and what can go wrong

This webinar was recorded on 20th March 2023