Many people believe that an unmarried couple living together (cohabiting) share the same rights under UK law as a couple who are wed.
However, the idea of a “common law marriage” doesn’t exist in this country. When a relationship breaks down, unmarried couples are often left legally unprotected, unless they act and establish a formal document like a cohabitation agreement.
A cohabitee is classed as anyone who lives with a partner but isn’t married to them or hasn’t formed a civil partnership with them. Couples who are married or are in a civil partnership are legally bound to each other in terms of their assets and property. However, this law doesn’t apply to couples who cohabit. Such situations can cause complexity when a relationship breaks downs or a death occurs.
Today, couples who live together without being wed are an often-encountered family type in Britain, but it is vital that they understand their rights and put agreements in place that secure their future. Unmarried cohabitation solicitors in North Wales can advise unwed couples on the options available to them and help them draw up the necessary legal documents to protect themselves.
What are the rights of unmarried couples living together?
Under general law if you are a cohabiting couple who are unmarried, you are not entitled to make a claim on any assets (including the home you live in) that are only in the name of your cohabiter. This law stands regardless of whether you share children or the length of your relationship.
Who gets the house when an unmarried couple splits in the UK?
When an unmarried couple separate in the UK, only individuals whose names are present on the deed of the property have rights to the house. Unless you have a Declaration of Trust that states otherwise, if you are living in your cohabiter’s property but aren’t the home’s legal owner, you won’t have any automatic rights to a share of its equity when you split up.
Are you entitled to anything if you’re not married?
When married couples get divorced, UK law decides how assets are dealt with and determines the financial settlement awarded to each party. Without a cohabitation agreement, when a couple are unmarried but have been sharing a home, neither party has a legal right to request or claim a financial settlement.
What is the current law on cohabitation in the UK?
Presently, the laws regarding cohabitation in the UK are based on both cohabitees retaining what they possess in their name only. Assets reviewed for dividing are only dealt with if they are jointly owned and held in both their names. This general principle applies to an extensive list of asset classes like pensions, property, income, savings and gifts. However, it also covers any debts that a cohabiting couple have accrued jointly under their names. In simple terms, the current law states that what belongs to a person is theirs and what belongs to the person they cohabit with is their partners.
What legal protection is available to unmarried couples?
If you plan to enter what could be a long-term relationship that includes a substantial financial commitment, you must be aware of the legal steps to take that can protect your interests regarding property, assets and any children you might share. There are several legal documents that can provide unmarried parties with a measure of protection.
A Declaration of Trust regards purchasing property and states how the equity is divided when sold. A Cohabitation Agreement can include property but also other assets and even parenting arrangements. Recognised by UK courts, cohabitation agreements can protect cohabiter’s rights when a relationship ends, or a death occurs. A personal Will is also advised to dictate how property and assets are divided upon death to ensure that no misunderstanding occur.
Do you need advice from unmarried cohabitation solicitors in North Wales?
At Bennett Smith Solicitors, we are family law barristers in North Wales with in-depth experience of helping unmarried couples with legal advice. We can help you understand your rights under the law when cohabiting without marriage and assist you in drawing up agreements that protect your interests.
We know that the breakdown of a relationship involving cohabitation can involve a great deal of stress, but you can look to our attentive team for understanding and swift action.
Connect with us now for legal advice, whether you require assistance establishing a cohabitation agreement or wish to understand your rights when a relationship dissolves.