Changes to cohabitation law are under discussion by the government, but the law has not changed yet. Many people believe that if they have lived together for a long time but are unmarried, they have the same rights as married couples or those in a civil partnership. There are more than 3.6 million cohabiting couples in the UK, and this number continues to grow. Yet, currently they have very few legal rights when the relationship ends through separation or if one partner dies.
What legal protection is there for unmarried couples who live together?
Living together without being married or being in a civil partnership means you do not have many legal rights in relation to finances, property and children.
How can I protect myself or my partner if we are unmarried?
If you are unsure about what rights you have, you should seek legal advice from a
family solicitor who may advise you to consider making a will or entering into a
cohabitation agreement to protect your interests.
If we split up, will I be entitled to a share of the equity?
You will not usually have any rights to the property if you don’t own the property or don’t own a share in it. Alternatively, you would have to prove that you have:
- contributed to the deposit for the house or the mortgage payments, or
- made a financial commitment, like paying for major work on the house, with the understanding that you would own a share of the house
However, this can be a lengthy and expensive process. If you are unsuccessful with any claim, you may have to pay the other parties’ legal costs. If you agree that you should both have a share in a property, you can transfer the property into a joint tenancy with the help of a solicitor.
Will a house be protected because children are living there?
In a word, no. Do not expect a sale of a property to be delayed whilst dependent children live there if you are not married or in a civil partnership. The law for these couples is very different to those who are married or in a civil partnership, so you will not be afforded the same protection. Blended families can include children from previous relationships, and there is no automatic right for the court to consider the housing needs of children when parties are unmarried.
Cohabitation law changes: is the law likely to change?
The government has launched a consultation to strengthen the rights of cohabiting couples and make the separation process less financially burdensome for those who choose not to marry. It is expected that this will help couples, including survivors of domestic abuse, gain financial security and independence at the end of a cohabiting relationship, whatever their marital status. There has been a demand to bring family law into the modern day.
The government’s proposals will help couples, including survivors of domestic abuse, gain financial security and independence at the end of a cohabiting relationship, whatever their marital status.
The consultation will also explore whether courts should give greater weight to the impact of domestic abuse, including controlling or coercive behaviour or economic abuse, when assessing finances for married couples and cohabitants.
Ensuring bereaved partners are not left in limbo, the consultation will also look at levelling up protections for cohabiting couples by giving automatic rights to inherit if their partner dies without a will.
The government is also proposing to make pre-nuptial and post-nuptial agreements legally binding, so people who choose to enter into one can feel confident that their financial wishes will be honoured if they divorce.
If you have any questions about this subject or any other aspect of separation, contact us or call our Family Team directly on Tel: 01253 824216.
