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The law for a couple who are not married (even if they live together) is very different to the law those who are married. There is no such thing in the UK Law, as a ‘Common Law’ Wife or Husband, no matter the circumstances of the relationship, this means that the law will treat cohabitees (that is to say people who live together) as separate people. They will have no rights against each other if the relationship does not work out, they will not have right to maintenance or ownership of property if it is not in their name. Property A right to property will not be given to a unmarried partner if the property is not in their name. There are exceptions but only in very special circumstances. There is no automatic legal right of people who live together to a share the property they reside in. If the property belongs to a former partner at the end of a relationship, no matter how long the relationship, it will belong to whomever the property name is in. If the couple in question is divorcing then the court will have an unlimited right to vary ownership. This is not the case between cohabitees. The court may vary the ownership of cohabitees but only in very exceptional circumstances. If you think you have these circumstances you should defiantly seek legal advice first. If a couple who is unmarried decides to buy a house then they should take steps to protect themselves if the relationship ends. They need to decide who will own the property and how any proceeds will be divided if the relationship breaks down and the house is sold. There are two options for how the property will be owned: beneficial joint tenants or as tenants in common. The decision could be based upon how much each partner intends to contribute to the purchase of the house. The intention of how much is being contributed will be recorded in a cohabitation agreement and if the property is to be held in just one name considerable thought should be given to executing a trust deed. Maintenance of each other after divorce There is no straight forward right of maintenance between cohabitees to maintain each other after the relationship breaks down. Once again different from marriage. However if children are involved then there is a duty of parenting and this comes hand in hand with maintenance for the child. British law states you must maintain all biological children. Dying without a will, intestacy Should one partner pass away without making a Will, his or her property will pass onto their relatives, by way of a specific order. First in the order is Husband or Wife, but not to their former partner if they were not married. The only exception will be property owned as a beneficial joint tenant. In this case it which will pass automatically and outside of a will to the other owner or owners. The law which dictates entitlement to property following the death of an owner is the Inheritance Provision for Family and Dependents Act 1979. However this law is not simple and as a result disputes over property between unmarried couples are difficult to avoid and have every potential to be very expensive. There are however a number of things that can be done whilst living as cohabitees to protect yourself. They are not at all romantic but they are very sensible steps to take. They will help you avoid problems in the future and as a bonus create a understanding during the relationship as to how it will function. Undoubtedly the best thing will be to make a Co-Habitation agreement. This kind of agreement will protect you if your relationship breaks down as you have already decided what will happen. The only other thing to worry about will be a unexpected death of a partner. In this case, if there is no will, the house will pass down through the intestacy rules of the UK as previously discussed which means it will go to the family of the deceased. Therefore the best steps are to simply make a will if you are purchasing any major asset. If you want anymore information about cohabitation agreements it is available here: http://www.legal-zone.co.uk/Articles/Family/Living-Together-Unmarried/ If you have any questions or you want professional advice or even a cohabitation agreement created then please contact me here: http://www.legal-zone.co.uk/Advice/
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Living Together Unmarried, Cohabitation agreement, UK Law, Long term relationship, partner property,
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