Wallace & Co. Solicitors and Notaries.

Special problems of Gay men and women.    

1.     Joint ownership of property.

If a gay couple buy property together, then (just like unmarried heterosexual couples) they should agree in advance how the property is to be held, how they will pay the mortgage and how the proceeds of sale will be divided when the property is eventually sold. The agreement can also say what will happen if the relationship breaks down and one-party moves out. There can be provision for one party to buy the other one out.

An agreement is particularly important because partners may contribute very different amounts to the purchase price. An equal division may not be appropriate, at least not at first. When a gay couple have been together for many years they may consider themselves rather like a married couple. They may be happy that the property is considered as joint property in equal shares whatever their individual contributions. In the early years after the purchase of property a clear agreement setting out your intentions is indispensable.   

We can draw up the necessary documentation to put your intentions into a legally enforceable format. This is beneficial for both parties, who then know exactly what their legal position is. Misunderstandings are avoided and breakdowns of the relationship can be dealt with more easily.

Following the Civil Partnerships Act 2004 (which became law on 5 December 2005) most of these problems will not apply to registered partnerships. Unregistered partnerships are unaffected. There may be many reasons why long term partners decide not to register their partnerships. Proper planning can deal with some of the resulting problems.   

Wallace & Co., Solicitors and Notaries. 11a Station Parade, Balham High Road, London, SW12 9AZ (entrance in Ravenstone Street).
Tel: 020 8675 6755. Fax: 020 8675 2001.
email:    Is available