Cohabitation and your rights when living together if not married or in a civil partnership
If you are cohabiting, that is, living together with a partner as a couple, without being married or in a civil partnership, you may be shocked to learn there are very few legal rights in the event of a split.
When married couples separate, the law permits courts to divide property and finances in a manner that is fair to both partners. When unmarried couples separate, even if they have children together, the partners do not have the same rights.
It does not matter if you’ve lived together for years or if you have children together. You are not legally recognised as a couple, making it very difficult to claim a share in the family home or your partner’s finances if you split.
Resolution, a body committed to legal justice for families, state that without having an agreement in place, family courts cannot make your ex-partner pay maintenance to support. If you find yourself in this situation, it makes sense to seek legal advice from a family solicitor to first to find out what option is best for your family.
There are ways to ensure you and your family are protected. This cab include measures such as making a will, Cohabitation agreements or Declarations of Trust. These can clearly sets out how you want to own a property and in what shares, and can also cover what happens if you split up.