Living together without being married or in a civil partnership has become increasingly common. However, many people are still unsure of the legal rights of unmarried couples.
Contrary to popular belief, there is no such thing as a ‘common law marriage’ in England and Wales.
Simply living together, no matter how long, does not automatically give you rights over your partner’s income, property or assets.
If you are cohabiting or planning to move in together, it is important to understand your legal position and take steps to protect yourself.
The law treats cohabiting couples very differently from married couples or civil partners. If a relationship breaks down, there is no automatic right to financial support, pension sharing or division of assets.
Disputes often arise regarding:
Where property is involved, the distinction between legal ownership (whose name is on the title deeds) and beneficial or equitable ownership (who is entitled to a share of the value) can be crucial.
Even if a property is in one person’s sole name, the other party may be able to establish a beneficial interest.
If agreement cannot be reached, court applications under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) may be necessary to determine ownership shares or seek an order for sale. These cases can be complex and early legal advice is strongly recommended.
The best time to address these issues is at the start of a relationship, not at the end.
A cohabitation agreement (sometimes called a living together agreement) can set out clearly:
Having a written agreement in place can provide certainty and reduce the risk of costly disputes in the future.
If you are buying a home together, you will usually hold the property as either:
If you separate, arrangements for your children must be agreed. This includes where the children will live and how much time they will spend with each parent.
Parental responsibility is a main factor and will often depend on whether both parents are named on the birth certificate.
If agreement cannot be reached, mediation may beneficial. However, if this is not successful, an application can be made to the court for a child arrangements order.
If you are involved in a dispute or would like advice about your legal position as a cohabiting partner, our experienced family law team is here to help.
Submit your enquiry and a member of our team will be in touch.
01926 422 101
leamspa@fieldoverell.com
42 Warwick Street
Leamington Spa, CV32 5JS
