We are experienced in dealing with cohabitation and living together issues, especially in relation to property, and will be happy to deal with any questions you may have.

Common law marriage and cohabitation

Co-habitation

Living together with your partner recognises a commitment that you have made to each other. It is likely that your finances will be merged and you may imagine that you would be fully protected by the legal system in the unfortunate event of your separation but you would be wrong.

What about Common Law Marriage?

We come across many situations where parties have lived together and even owned a property together but have never married. Often clients mistakenly assume that they have rights because they have a "common law marriage".

The reality is there is no such thing as a "common law marriage" in England & Wales and has not been since the eighteenth century. The rights offered to people who cohabit, as opposed to those who marry, are still very limited.

The government announced in March 2008, that it is postponing its decision on The Law Commission's detailed recommendations for reform of the law on cohabitation.

Did you know?

  • If you live with your partner and remain unmarried you have fewer automatic legal rights over your home, your children and your savings than if you were married;
  • An unmarried father does not necessarily acquire the same rights as a father married to the child's mother;
  • Cohabitants' property is divided according to ownership on separation. At best, the financial contributions each party has made to the property (i.e. paying the mortgage or deposit) may be taken into account. Contributions to bills and other expenses and/or bringing up a family will not give you a right to the equity in the property;
  • The court cannot order a cohabitant to pay maintenance for a former cohabitant;
  • A live-in partner is not automatically entitled to provision in the event of their cohabitants' death and is not automatically entitled to pension rights.

We are experienced in dealing with cohabitation and living together issues, especially in relation to property, and will be happy to deal with any questions you may have.

Read more about:

Watch Tony Roe talking about Cohabitation/ Living Together and Adoption issues whilst at his previous firm.

 

Tony Roe Solicitors is an English firm of solicitors authorised and regulated by the Solicitors' Regulation Authority, number 473472, (by whom it is recognised as
Tony Roe Divorce And Family Law Solicitors).
Principal: Anthony Joseph Roe. © Tony Roe Solicitors 2008
Design by Cream Design. Built and hosted by Rockmill.

Follow us on Twitter Facebook Recommended by the Legal 500 UK 2011 Chanbers UK 2012