There is a widespread myth of the “common law marriage,” which many couples believe grants them the same rights as married couples after living together for a certain period of time. However, this is not the case. Cohabiting couples do not have automatic legal rights to each other’s property, pensions, or assets, regardless of how long they have lived together. If the relationship breaks down, you could find yourself with very little protection unless you have taken steps to safeguard your interests in advance.
Property Rights
When cohabiting couples own property, the legal implications can vary significantly depending on whether the property is owned jointly or solely by one partner.
Joint Ownership:
- Joint Tenancy: If the property is owned as joint tenants, both partners have equal rights to the whole property. Upon the death of one partner, the property automatically passes to the surviving partner. However, this arrangement does not allow for the division of ownership shares, which can be problematic if the relationship ends.
- Tenancy in Common: In this arrangement, each partner owns a specific share of the property, which can be unequal. This allows for more flexibility, as each partner can leave their share to someone else in their will. If the relationship ends, each partner retains their share of the property.
Sole Ownership:
If the property is owned solely by one partner, the other partner generally has no legal claim to it unless they can demonstrate that they have a beneficial interest. This can be established through contributions to the purchase price or mortgage payments, but not typically through household expenses.
Children
Both parents have legal responsibilities for their children, regardless of whether they are married. If you separate, issues such as child arrangements and child maintenance can be agreed upon or addressed through the court or the Child Maintenance Service.
Financial Support
Unlike married couples, cohabiting partners have no right to financial support (periodical payments or spousal maintenance) after separation. However, child maintenance obligations will still apply where children are involved.
Pensions and Inheritance
Unmarried partners have no automatic right to inherit their partner’s estate if they die without a will. Similarly, they cannot usually claim a share of the other’s pension.
Protecting Your Interests
- Declarations of Trust: When purchasing property together, a declaration of trust can specify how much of the property each party owns. It can also specify how the property should be split in the event of separation. Declarations of trust are particularly important where the parties have made unequal contributions towards the deposit.
- Cohabitation Agreements: These agreements can outline what happens to the property, capital, and assets if the relationship ends, providing clarity and protection for both partners.
- Wills: It is important for cohabiting couples to make wills to ensure that their assets pass in accordance with their wishes upon their death. Unmarried couples do not automatically receive any inheritance from their partner’s estate unless specified in a will. Without a will, the estate will be distributed according to intestacy rules, which do not recognise cohabiting partners.
- Legal Advice: Seeking legal advice early on can help cohabiting couples understand their rights and take steps to protect their interests, avoiding costly disputes later.
In Summary
Cohabiting offers no legal status or protection comparable to marriage or civil partnership. Seeking legal advice early on and putting clear agreements in place can help protect the position of both parties and avoid costly disputes if the relationship ends.
How Nelsons can help
If you need advice about separation after living together, our expert family law team is here to help. Contact us today for expert support and tailored guidance.
Julia Kolomiiets is an Associate in our expert Family Law team, which is ranked in Tier One in the independently researched publication, The Legal 500. Julia specialises in private family law, advising on separation and divorce, including financial settlements and arrangements for children, and domestic abuse.
If you would like some advice on the steps you can take, then please contact our team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form. We will be happy to discuss your circumstances in more detail and give you more information about the services that we can provide.
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