Living together with your partner can be a joyful experience, but it's crucial to understand the legal implications too.
This is particularly important in the event of a separation, where legal disputes may arise.
In the UK, many people believe in the concept of “common-law marriage,” but unfortunately this is a myth. This means that cohabiting couples do not have the same legal rights and protections as married couples, regardless of how long they have lived together. Over the years I have advised many clients who have been in long term relationships but never married and it can be heart breaking to discover a lack of financial entitlement. However, there are some laws that govern cohabiting relationships, and it’s essential to be aware of them.
Property Division
One of the most significant legal issues that arise when a cohabiting relationship ends is property division. Unlike married couples, cohabiting couples do not have any automatic right to a share in the family home. Instead, property is divided based on who owns it.
In many cases, a property can be in one persons’ sole name. This could be for a number of reasons, such as that person owned it before the relationship started, or one person is financially weaker and therefore is not part of a mortgage application. If you are not named on the legal title, there are ways of establishing a share in the family home but this is a complex legal process.
If you and your partner purchased a property together, the ownership is usually divided equally unless you had a declaration of trust put in place at the time you purchased the property. Again, this assumption of equality can also be unfair if for example one person made a significantly larger financial contribution.
It is also the case that any rights for cohabitants only extends to property, there is no sharing of investments, business interests or crucially pensions if the relationship ends, unlike with a married couple.
Furthermore, unlike married couples, cohabiting couples do not have a right to spousal support.
The main point to remember is to arm yourself with knowledge at the outset, do not assume that you will be looked after if your relationship ends and if you are not married make sure you have the correct legal protection in place for your circumstances.
Children
If you and your partner have children, the legal rights and responsibilities are the same as they would be for married couples. Both parents have an obligation to support their children, and (presuming the father is named on the birth certificate) both have equal parental responsibility.
If the relationship ends, it’s important to have an agreement in place regarding where the children will live and how often they will spend time with the other parent. This will ensure that both parents have a clear understanding of their rights and responsibilities and can avoid costly legal battles.
Cohabitation Agreements
To protect your legal rights and ensure a fair division of property, it’s essential to have a cohabitation agreement in place to protect you if your relationship ends. A cohabitation agreement is a legally binding contract that outlines the division of property, financial issues generally and can also cover arrangements for the children.
By having a cohabitation agreement in place, you can protect yourself and your partner from the potential financial and emotional costs of legal disputes. It’s important to seek legal advice when drafting a cohabitation agreement to ensure that it is legally binding and enforceable.
Conclusion
Living together with your partner can be a fulfilling experience, but it’s important to understand the legal implications that come with it. By being aware of the laws that govern cohabiting relationships, you can protect your legal rights and ensure a fair outcome in the event of a separation. If you have any questions or concerns about cohabiting and the law, it’s important to seek legal advice from a family law solicitor.
