Cohabitation Guide From Family Expert

For many years people have talked about common law marriages with many people believing they exist. People believe that after a certain length of cohabitation they become common law husband and wife and obtain rights over their partners wealth. People have different misconceptions of what the time limit for this is or even what the rights are.

This is because common law marriages are in fact a myth. They do NOT exist. Sadly this can result in confusion for many couples who live together often only finding this reality out on separation.

Unmarried couples do not have a legal duty to support the other financially either whilst together or after they separate unlike married couples. They do not automatically inherit their partners wealth on death and just because they live in the same house they may not be entitled to anything on separation.

Couples who live together do not automatically have a claim on a house owned by one of them just because a certain length of time has passed therefore you could therefore live with someone for 20 years and still have no claim.

Property issues

If the house is in joint names with a joint tenancy the starting point is that ownership is shared equally irrespective of any financial contributions each person has made.

Property owned in just one name will be dealt with differently and it can be extremely difficult to establish an interest and complex legal issue relating to Land law will apply.

Wills

It is always advisable to have a Will recording your future wishes.

Cohabitation Agreements

Many people are now choosing to record the terms of their cohabitation in advance to ensure all these issues and what will happen on separation are addressed in advance. They can set out who the cohabitation will work and what will happen if sadly the relationship breaks down and there is a separation.

Children Issues

Maintenance for children will be dealt with by the Child Support Agency and only in limited situations can additional maintenance be obtained by applying to the Court.