Did you know that more than four million couples in the UK live together without being married or in a civil partnership?
Possibly due to the cost of housing and couples have to decide whether to spend their savings on getting on the housing ladder or a wedding and it’s a figure that keeps on growing. Yet many couples remain unaware of the legal implications when they choose to cohabit. Whether you’re about to move in with your partner or you’re separating, it’s crucial to understand how cohabitation can affect your rights, your finances, and your future. Below, we’ll bust some of the biggest myths and guide you on how to protect yourself legally.
Myth Busting: “Common Law Marriage”
Many people believe living with a partner for a certain period grants the same legal rights as a married couple or civil partners. The truth? There’s no such status as a “common law marriage” in UK law. When a cohabiting couple splits:
- The Starting Point: Each person keeps what’s legally theirs.
- Children in the Mix: Having children can shift how finances or housing are handled, but it still doesn’t confer all the rights you’d have if you were married or in a civil partnership.
Your Right to Stay in a Shared Home
If the house is solely in your partner’s name and the relationship ends, your rights likely remain the same as before:
- Long-Term Occupancy: Courts generally won’t transfer your ex-partner’s home into your name, unlike in some divorce cases.
- Delayed Move-Out: You may be able to stay temporarily—especially if there’s a dependent child involved—but this often requires legal input, so consult a solicitor promptly.
Contributions to Property: Claiming an Interest
Did you pitch in for renovations or improvements on a home owned by your partner? You may have earned what’s known as a “beneficial interest.” While this doesn’t guarantee you an equal share of the property, it could entitle you to some financial stake.
- Gather Proof
Keep records of payments, bank transfers, receipts, or even evidence of manual work. - Seek Legal Advice
A solicitor can help determine whether your contributions translate into a financial interest and how best to proceed.
Joint Mortgages: Shared Responsibilities
When a couple signs a joint mortgage, both partners are fully responsible for the loan until it’s repaid—regardless of who moves out first.
- Arrears: Missed payments harm both credit scores, and lenders can pursue either or both of you for any outstanding debt.
- Next Steps: Speak to a solicitor to work out refinancing or selling options to protect yourself financially.
Moving In? Protect Yourself with a Cohabitation Agreement
Thinking of moving in together? A cohabitation agreement can outline what happens if you split or if one partner passes away. This is a legally binding document if drafted under the right conditions, giving you clarity on property ownership, shared finances, and more.
- Why It’s Useful: Cohabitation agreements often provide more flexibility than pre-nuptial agreements (for married couples). If you’re investing financially in a home together, this step is especially important.
Don’t Forget to Make a Will
If you’re not married or in a civil partnership, dying without a will can leave your partner with nothing. Here’s why:
- Intestacy Rules: Your estate automatically passes to your next of kin rather than your partner, unless you’ve specified otherwise in a will.
- For Parents: If children are involved, a will can ensure your wishes are upheld.
- Medical Decisions: Your partner isn’t automatically recognised as your next of kin, so consider formal arrangements if you want them involved in care decisions.
Child Contact and Parenting Arrangements
If you and your partner separate, you both typically have a right to maintain a relationship with your children. If communication has broken down:
- Negotiate or Mediate
Try involving a mediator or solicitors to reach an amicable arrangement. - Apply to Court
When all else fails, the Family Court can make decisions on custody, visitation, and other parenting matters.
Why You Should Seek Legal Advice
Navigating the legalities of cohabitation can be daunting—especially in times of emotional upheaval. Seeking professional help early on can:
- Prevent Misunderstandings: Know your rights and obligations from day one.
- Protect Your Interests: A solicitor can highlight pitfalls and guide you through potential issues.
- Help You Plan Ahead: From drafting wills to setting up cohabitation agreements, you’ll know exactly where you stand legally.
Need More Guidance?
If you have questions about your specific situation—be it moving in with a partner, splitting up, or protecting your children’s future—our dedicated team is here to help. Get in touch for a confidential consultation and take the first step toward making informed, secure decisions for you and your loved ones.