The Law Surrounding Cohabiting Couples

The law for cohabiting couples is very different from married couples or those in civil partnerships. Despite more couples choosing to live together without getting married, the law hasn’t fully adapted, leaving cohabitants with fewer legal protections. Here’s what you need to know:

No Such Thing as “Common-Law Marriage”

Many people believe that living together for a long time gives them the same rights as married couples, but this is a myth. In the UK, there is no such thing as “common-law marriage.” Cohabiting couples don’t have the same legal rights as those who are married or in a civil partnership.

Property Rights

If you live together and the house is in one person’s name, the other person may have no right to it, even if they contribute to the mortgage or bills. If the property is in both names, it can be owned equally or in shares, but this needs to be clearly agreed upon.

Financial Support

If you split up, neither partner has a legal obligation to financially support the other, unlike in marriage. However, both parents must financially support their children, regardless of their relationship status.

 Inheritance

Cohabitants do not automatically inherit from each other if one partner dies without a will. To ensure your partner is provided for, you must make a will or your partner might not receive anything from your estate. Cohabitees can make a claim against an estate in some circumstances (please get in touch with Peter Baughan or Emerald Priscott for further information).

Pension Rights

Cohabiting partners might not be entitled to receive a partner’s pension or death benefits after they pass away. It’s important to check pension schemes and make arrangements if possible.

Parental Responsibility

For children, cohabiting parents generally have the same rights as married parents. The mother automatically has parental responsibility. The father also has it if he is named on the birth certificate or by way of a legal agreement.

Domestic Violence

Cohabitants have the same legal protections as married couples when it comes to domestic violence. They can apply for court orders to protect themselves from abusive partners.

Proposed Changes

There have been calls for the law to provide better protection for cohabiting couples, especially when they separate or one partner dies. However, these changes haven’t been made yet.

What Can Cohabiting Couples Do?

Given the current law, cohabiting couples should take steps to protect themselves:

• Create a Cohabitation Agreement: This can outline property and financial arrangements.
• Make a Will: Ensure your partner is provided for in the event of your death.
• Check Pension Plans: Make sure your partner is named as a beneficiary if possible.
• Agree on Property Ownership: Decide how the property will be owned and documented.

Conclusion

Living together without being married offers fewer legal protections. Until the law changes, cohabitants need to be proactive in understanding their rights and taking steps to protect themselves and their partners. If you want any further advice on cohabitation, please get in touch by calling 01603 679050 or emailing us at  info@bblfamilylaw.com.

 

 

Written by Ana-Maria Munteanu

To get in touch please visit Our team