A couple's financial positions when a cohabiting relationship breaks down can be extremely complex. There are a number of different areas of law that exist alongside each other and we strongly recommend that you obtain independent legal advice on your specific circumstances in this area. We would be delighted to talk to you to see if we can help you. Just click on "Please Contact Me Now” or call us on 0845 567 5000.
Having co-habited with a partner can have serious financial consequences if the relationship breaks down. Unlike divorce proceedings, where the present needs of the parties are a key consideration, the starting point for cohabitees who separate is often the position they were both in before they began cohabiting, without any consideration of their current (and probably much-changed) needs. In simple terms each person takes out of the relationship the assets which they have brought into the relationship and assets are only shared if there is a clear agreement to do so.
Where property is clearly jointly owned by a cohabiting couple (eg if you bought a house together as joint tenants) the situation is more straightforward. The law in relation to joint assets such as property is quite clear in that unless there is a clear agreement otherwise it is assumed that jointly owned property is owned equally.
The situation becomes more difficult when a property is owned solely by one party in the cohabiting relationship. In these circumstances it is likely that even though the non-owner may have lived with the owner for a number of years as cohabitee they may not have acquired any legal or financial interest in the property. The law in this area is under review by the Government but there are not likely to be any substantial changes made to cohabitation law in the near future. It is therefore extremely important to make arrangements to protect yours and your children's interests in the meantime.
Many people in cohabiting relationships are also surprised to discover that they have no right to any financial support or maintenance when the relationship breaks down. This is the case even if one party has given up work to care for the children by agreement or has not worked for the duration of the cohabitation. It is therefore necessary to put arrangements in place before cohabitation commences or as soon as possible during the relationship and also that legal advice is sought as soon as possible following relationship breakdown.
We strongly advise you to obtain independent legal advice on your particular circumstances and our Family Team would be delighted to help. If you are interested in finding out more then please feel free to call our Family Team and we will happily discuss it with you, free of charge and without obligation.
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