Cohabitation and separation – what every cohabiting couple should know
There are common myths that we see when unmarried people contact us for help following the breakdown of their relationship. Here, I look at some key misconceptions and address them in the simplest form.
The first myth and probably the most common is that there is no such thing as Common Law Marriage. As I explained in my earlier blog, a 2019 study showed that nearly half of the UK population believe that common law marriage exists and since that report was published we can’t see any reason why that figure would be any lower today. Many people believe that if they have lived together for a period of time they will be treated as common law husband and wife. Unfortunately, this is not the case.
Another misconception I often come across as a family lawyer relates to how property will be dealt with when a cohabiting couple separate – and this is perhaps the biggest difference between married couples and those who live together. If a property is held in one person’s name the other party will be left with very little protection and potentially no legal interest in the property despite perhaps having lived together in the property for many years
Also, a cohabitee has no right to their partner’s pension if they separate. Sharing and dividing pensions is only available to married couples and those in civil partnerships.
With the exception of child maintenance, cohabitees can’t apply for financial support, from their partner if they were to separate. Again, this only applies to couples who are married or in a civil partnership.
And finally, cohabitees do not have the automatic right to inherit from their partner’s estate if they were to die, unless they own the property jointly. This remains the case even if they have children.
The harsh reality is that cohabiting couples face a complex legal framework in which to try to resolve any financial disputes relating to their separation because there is no specific law which protects unmarried couples.
My advice to all cohabiting couples is to prepare a cohabitation agreement, that will regulate the terms upon which they live together and addresses what happens should the relationship end. A cohabitation agreement will cover, for example interests in property, financial support (such as who pays what and for how long) and where any children should live etc.
How can we help?
Our team can advise you on all of your options, including the process of forming a cohabitation agreement, which can set out how any property or other assets will be dealt with upon separation.
In addition to a cohabitation agreement if a couple are buying a property together it is vital that they decide how they are going to own the property and make that agreement clear in the property purchase documents that are drawn up beforehand.
Director Lisa Burton-Durham is a specialist family and collaborative lawyer and head of our Brighton team.
For more information about cohabitation, or to arrange a confidential discussion about your personal circumstances, please do not hesitate to contact us.
I have just split from my girlfriend and have moved out of the home we jointly own. We both paid the sane amount of deposit and paid 50/50 lortgage and all bills. Her parents want to buy me out of the house which I am happy to do amd we are planning to see our financial advisor this week to look at our options. I still intend yo pay half mortgage and house insurance until thos is resolved, however and I legally bound to continue paying 50% utility bills if I am not living there. We do not have a cohabitation agreement.
Dear Anthony, thank you for getting in touch. If the mortgage is in joint names then you are both jointly and severally responsible for it. Until such time as your name is removed from the mortgage you should continue to ensure the mortgage repayments are made – however, I would suggest that you read the following blog regarding mortgage repayments and occupational rent – https://www.familylawpartners.co.uk/blog/equitable-accounting-what-unmarried-home-owners-need-to-know You should also ensure that the buildings insurance is paid. With regard to the ‘bills’ you will need to check whose name they are in. If they are in your name then you are technically responsible for their payment. However, if you are not living in the property then it would be normal for those bills to be transferred into the name of the person who is living at the property at which point they would become their responsibility. I would strongly recommend getting legal advice to ensure that the ‘buy out’ is calculated correctly and that all the legal documentation is completed including ensuring that you are released from any liability and ongoing obligations in respect of the mortgage secured against the property. If we can assist on a formal basis please get in touch.