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Many couples who decide to live together decide on the joint purchase of an apartment or house. Often, however, those in the compound (niemałżeńskim) bring to the dwelling which held by their partner / ki and do not change ownership of that property. What's more, they both make significant investments: carry out repairs, pay bills and jointly repay the mortgage. Even in the case of the latter rarely happens to couples living together, jointly agree on (not to mention the submission of written statements) or a financial contribution of one partner who is not a property owner will have any effect on his / her right to that property. ;

In fact, such an arrangement is extremely important, because if a person is not a separation of ownership of the property may not have any interest in it, and invested in financial contribution will be lost. This follows from the fact that konkubenci are not protected by law in the same way as spouses - not in fact have the possibility of applying to the court for an equal division of property in the event of dissolution of their relationship. Unlike marriages, couples living in "the cat's paw" have limited capacity, so the courts will not cease in highlighting the need to seek legal advice and make informed decisions about property ownership rights. is also confirmed by a number of stories (sadly without a happy ending for one of the partners), for example: one of the recent cases Kernott v Jones [2010] CWCA Civ578 especially shows how important it is to agree on the ownership of the beginning of a relationship, as well as quick of a solution at the time of separation, in order to avoid future problems:
Mr K and Mrs J in 1985 jointly bought a house for £ 30,000. Both also have equal rights to property, but the Lady J repaid most of the mortgage. Probably did not make any findings as to the financial contribution of each of them does not also agreed that their rights to the property will be on the basis of joint ownership of the total (they have an equal share in the estate) and co-ownership fractional (share in the property may not be equal, depends is the intention of the owners). In other words, they have not made any provision for property rights property held by them. The problems began 17 years after parting ways with Ms. K Mr. J, when the trial court to determine the intentions of both parties have to consider their financial position for almost two decades back.
Furthermore, during the separation of Mr. K has purchased another property and no longer pay the mortgage owed to the previous house. As a consequence, Mrs J paid off at the same time hire for their common home. The court held that the acquisition of property at the time the intention was to have a pair of equal property rights and despite the unequal financial contributions to pay off the mortgage, the parties did not intend to change the proportion of their shares. In the absence of evidence of a change in the intentions of both partners as to their rights of ownership due to the unequal financial contribution, the court held that each of them retains a 50% stake in the property. This decision was obviously a very unfavorable to Ms. J, who gets an equal share of the property as Mr. K, although it has invested in a lot more than her former partner.

Attention note that even if konkubenci are common property owners, and the contribution of one of them far exceeds the partner's contribution, and so, without prior arrangements for the participation of each of them it will have any impact on the division of property. The case between Kernott and Jones is one of those stories that adhere to other couples from trivializing this important duty, which is to agree on the allocation of the acquisition of real estate majątku.W question of whether konkubenci will jointly co-cumulative or fractional part is often overlooked. This is due inter alia to the fact that lawyers providing advice to couples in the administration of assets, often focused on estate planning, regulation of the death rather than such separation. In addition, lawyers often suggest the option of co-ownership of the total, mainly because of its simplicity - after the death of one of the co-owners, his / her interest in the property automatically pass to the other. In the case of the fractional co-ownership, part ownership rights of each party are transferred to their heirs. It is noted that the unequal share of the property are possible only in case of joint ownership of a fraction, so in many cases, this option is much more favorable.

Judge Wall Kernott v Jones pointed out that couples living together, and their legal advisors "must take into account the most unlikely scenario, namely that their relationship could fall apart and that they will argue about it what each of them to be. "[transl. ed] Thus, it is essential that after parting ways as soon as possible to resolve any issues related to property rights. The court has no discretion to decide how to equitably distribute wealth cohabitants has the right to do so in the case of divorce settlement. Otherwise, this situation could present itself in the case of engaged couples who split up before entering into marriage.
Summary: This law is not merciful to people living in concubinage, which is why buying a property jointly, or by entering the house of a partner / ki should be clearly determine which is the share of each partner in the joint property. Only then can we ensure that in case of separation or death of other persons retained by us of ownership will be proportional to our contribution. There is one more option to ensure the equitable distribution of wealth - marriage.