What legal rights do we have as an unmarried couple?
It is important for cohabiting couples to know that their legal rights are very different from those of married couples. If a relationship were to break down, cohabiting couples have no automatic rights over each other’s solely owned assets, unlike married couples where there is an ongoing financial relationship between the spouses.
It is a common myth that if a couple live together for long enough they will automatically be given certain legal rights by being a ‘common law wife’ or ‘common law husband’. However, this isn’t the case.
Property
Many unmarried couples will own a home together and depending on how the property is legally held, will affect how the property is split when separating. If the property is held in joint names then the proceeds of sale will usually be divided equally between the couple.
Sometimes, one person is able to buy the other out of the property by paying for their share of the equity in the property. If this is not financially possible then the property will have to be sold so that each partner can recover their share.
If a property is held in the name of just one partner then the starting point is that the person whose name is on the property will keep full ownership.
This becomes a particular issue when the person whose name is not on the property has made financial contributions. In this situation it is up to the person who does not own the property to justify that they are entitled to a share of it. This can be done with the help of a solicitor and will often involve going to court.
Children
When a couple separate the most important issue to resolve is where and with whom the children will live and when they will spend time with the other parent. This is known as child living arrangements.
Finances
In England and Wales the law treats unmarried couples as two separate individuals. This means that assets will remain in the ownership of whoever’s name they are in. If an asset is held in joint names it will generally be divided equally.
Normally an unmarried partner cannot claim ongoing financial maintenance from an ex-partner in the same way that a married person may be able to.
If there are children from the relationship, then the parent the children live with will be able to claim child maintenance for the children.
Cohabitation agreement
We can help you prevent these issues through creating a cohabitation agreement which will set out who contributes to which elements during the relationship and what happens if the relationship breaks down.
How can we help?
Our specialist family law solicitors have in-depth knowledge and experience in advising on the legal rights of unmarried couples and can assess your individual circumstances to advise you on the best way forward.
What legal rights do we have as an unmarried couple?
It is important for cohabiting couples to know that their legal rights are very different from those of married couples. If a relationship were to break down, cohabiting couples have no automatic rights over each other’s solely owned assets, unlike married couples where there is an ongoing financial relationship between the spouses.
It is a common myth that if a couple live together for long enough they will automatically be given certain legal rights by being a ‘common law wife’ or ‘common law husband’. However, this isn’t the case.
Property
Many unmarried couples will own a home together and depending on how the property is legally held, will affect how the property is split when separating. If the property is held in joint names then the proceeds of sale will usually be divided equally between the couple.
Sometimes, one person is able to buy the other out of the property by paying for their share of the equity in the property. If this is not financially possible then the property will have to be sold so that each partner can recover their share.
If a property is held in the name of just one partner then the starting point is that the person whose name is on the property will keep full ownership.
This becomes a particular issue when the person whose name is not on the property has made financial contributions. In this situation it is up to the person who does not own the property to justify that they are entitled to a share of it. This can be done with the help of a solicitor and will often involve going to court.
Children
When a couple separate the most important issue to resolve is where and with whom the children will live and when they will spend time with the other parent. This is known as child living arrangements.
Finances
In England and Wales the law treats unmarried couples as two separate individuals. This means that assets will remain in the ownership of whoever’s name they are in. If an asset is held in joint names it will generally be divided equally.
Normally an unmarried partner cannot claim ongoing financial maintenance from an ex-partner in the same way that a married person may be able to.
If there are children from the relationship, then the parent the children live with will be able to claim child maintenance for the children.
Cohabitation agreement
We can help you prevent these issues through creating a cohabitation agreement which will set out who contributes to which elements during the relationship and what happens if the relationship breaks down.
How can we help?
Our specialist family law solicitors have in-depth knowledge and experience in advising on the legal rights of unmarried couples and can assess your individual circumstances to advise you on the best way forward.
