Cohabitation and your rights
Not many know that cohabiting couples are not recognised in the law in the same way as those who are married or in a civil partnership are.
Cohabiting couples make up the fastest growing family type in the UK but there is very little legal protection in place for you or your children if you split up.
Nearly half (46%) of adults in England and Wales mistakenly think that couples acquire ‘common law’ rights after living together for a certain amount of time or having children together.
It does not matter if you have lived together for years or have children. 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 following a break-up.
There are actions a couple can take to make sure they are protected. Some steps you can take are:
1.) A cohabitation agreement will set out both partners’ intentions around property, finances and how they would support their children if they split.
2.) If acquiring property jointly, ensure both names are on the deeds to the house, and enter into a declaration of trust if parties intend to own in unequal shares.
3.) Also consider taking out life insurance and creating a will.
You can find out more from this helpful factsheet from Resolution, accessible through this link.