What is cohabitation?
The law describes cohabitants as ‘two persons who are neither married to each other nor civil partners of each other but are living together as if they were a married couple or civil partners. In essence, cohabitants are couples that are living together without any legal implications.
What is the ‘common law marriage’ myth?
Many cohabiting couples think that they are legally treated as married under common law and are entitled to the same rights as a married or civilly partnered pair upon separation. However, this is not the case. The position of cohabitants is often drastically different to those that are married/civil partnered, even after living together for an extended period.
What happens if me and my partner split up?
When a married/civil partnered couple split up, their assets are put into the matrimonial pot and divided between them. Cohabitants, however, are not afforded the same arrangements, and often do not have a claim to each other’s property. This can often leave individuals feeling frustrated and abandoned.
There may be disagreements as to how certain property is owned, particularly where a property is solely owned by one cohabitant. Cohabitants do not have the same rights to make property claims as married couples or civil partners do, therefore, disputes regarding their beneficial interests are determined in accordance with the Trusts of Land and Appointment of Trustees Act 1996.
What happens if we have kids together?
If you have any children with your partner, you may be able to make a claim against them in respect of your child’s financial needs. This can include expenses relating to housing, medical or school fees.
How can I protect myself?
You may want to consider entering into a cohabitation agreement with your partner. This can include specific provisions relating to any property or assets that you own together. When drafted correctly, a cohabitation agreement can be the best evidence of your intentions in the event of a subsequent breakdown of the relationship.
Seeking legal advice
If you are interested in discussing your position as a cohabitant, or looking at getting a cohabitation agreement drawn up, please contact our Family Team by emailing info@barrettandco.co.uk or calling us at 0118 958 9711.
