Rights for unmarried couples: Cohabiting and what this means in Law

Did you know that, according to current Law, cohabiting couples have few or no rights in the event of a relationship breakdown. Cohabiting means living together, including splitting bills, paying rent, and raising a family, without being in a civil partnership or married.

This means that unlike married couples there is no mechanism for splitting assets and no ability to claim help for childcare costs from an ex-partner in order to be able to work. This is despite a huge growth in the UK of the number of couples and families that cohabit rather than marry or enter into a civil partnership.

A nationwide poll carried out by Whitestone Insight on behalf of Resolution found around half (47%) of cohabitees are unaware that they lack rights should they split up.

Worringly, a survey of over 200 family justice professionals who are members of Resolution found most deal with cases involving cohabiting couples at least once a month and one in ten deal with a new case every week. You may have a verbal agreement where one person pays the mortgage and the other person pays the bills. But without having a legal agreement in place, the court cannot make your ex-pertner pay maintenance to support you just because it might seem fair.

What about ‘Common Law’ marriage?

Eight in ten family justice professionals reported that unmarried couples are surprised by their lack of legal rights in this area. The simple response is to say that common law marriage is a myth.

If your name is not on a deed or rental agreement, you do not automatically have a right to stay in your home. Even if you have put money into your home by paying bills, helping with the mortgage or deposit, you could be asked to leave your home and be left with nothing.

If you have children together your partner would still have obligations to support them, however they would not need to support you. This could make it difficult to support your family without accessing additional money.

What can be done in the event of a relationship breakdown if I choose not to be married or in a civil partnership?

It is best to seek legal advice if this situation applies to you as many bespoke solutions exist to suit your individual circumstances and give you choice over what you wish. You need not be married or in a civil partnership. Cohabitation agreements, Declaration of Trusts and making Wills are all options for ensuring peace of mind and security for your future, even if the unexpected or worst happens.

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.

There are other ways besides marriage or civil partnership to ensure that both you and your partner are protected:

1.) Cohabitation agreements set out your joint intentions for things like finances, property and arrangements for children if you split up.

2.) Declarations of Trust set out how you want to own a property and in what shares, and can also cover what happens if you split up. If you are purchasing property together but not contributing equal shares, a declaration of trust can provide for each person to get back a fair portion of what they have put in to the property when it is sold.

3.) Wills mean that, should the worst happen and one partner in an unmarried couple die, the other has the right to inherit your share of the property or possessions. This doe need to be spelled out in a will. Even if you have lived in the joint home for decades, without your name on the deed or as a beneficiary in the will, you could lose your home and any right to proceeds from the sale.

Do contact us for more information or find out more through Resolution, a organisation of family justice professionals who assist families and individuals to resolve issues in constructive ways.