Many people think that when a couple have been living together for a long time, they become "Common law husband and wife”, and that they will thus get all the rights and protections that a married couple get.
This is absolutely not the case - it is a great myth of our times. Co-habiting couples do not acquire any rights equivalent to those of a husband or wife after any period of time irrespective of whether or not they have children.
The Law Commission, the organisation that looks into future changes of the law, has made a recommendation that legislation be brought in to protect the positions of separating co-habiting couples. However no such legislation has yet been brought in and there is no indication that such new laws are likely in the foreseeable future.
As there is no legal link between unmarried, co-habiting couples, then unless a separating couple can reach a satisfactory agreement that shares property and money between them, the only legal right that one of the couple might have to any money or property hinges on whether any of the couple's property is jointly owned. If say a house was bought jointly, then both are entitled to a share in its equity. If a property is purchased in the joint names of a co-habiting couple, it is vital to document the share that each owner has in the property to avoid problems on relationship breakdown. In the absence of such agreements the Court is left trying to second-guess what the parties' intentions were.
The Court can only vary the ownership of property in such a relationship in very limited situations - for example if a property is in one person's sole name but the other person has made a financial contribution to that property and there are very clear and documented reasons as to why the property is still in the sole name of just one person. The "deprived” person could argue that they should be entitled to a share in the property because of their contribution or because they have acted to their detriment on the other person's promise that really the property is half theirs as well.
This is a complex area of law and an area that has little flexibility. The outcome can be brutal for some people.
Our Matrimonial lawyers advise co-habiting couples to think all of these issues through when they start living together, and to draw up a Co-Habitation Agreement - see the section in this website on Co-habitation .
If you are a co-habiting couple and your relationship is breaking down or that you fear it is about to, then we urge you to speak to us straight away to get advice on your position. We are happy to talk to you free of charge to let you know what your position is.
As we say, we are always there for people and families who are in our PURPLE LEGAL scheme. We invite you to join PURPLE LEGAL now. By joining PURPLE LEGAL, you can have all your legal enquiries answered free of charge by simply booking a SolicitorSlot for a time and date that suits you. Alternatively if you wish to speak to us now, please click on "Please Contact Me Now” or call us on 0845 567 5000. We look forward to always being there for you.
