A common myth exists that if you live with your partner, without marrying, you have the same rights as married couples. Sometimes people refer to them as ‘common law husband’ or ‘common law wife’. Unfortunately, this is not the case and we hope to clarify the position concerning unmarried couples who live together, known as cohabitees.

It is important to note that living with someone for a long period of time does not automatically entitle you to financial support from them, or a share of the property, if you were to separate from them and you are un-named on the property.

If a dispute arises as to financial matters, it can prove to be costly and take a long time to sort out.

In short form, that is the basic position unless there is some form of an agreement in place saying otherwise.

It is our recommendation that you have what is called a ‘cohabitation agreement’ in place, should you decide to live with your partner, or you have been living with them for some time, with no intentions to marry in the near future.

The following are issues you may wish to clarify within your cohabitation agreement;

• how your home is shared and owne;, especially if only one partner is named on the title deeds.
• Who will pay which bills
• If either of you will make provision for the other for pension payments
• Clarity over who owns what personal possessions including cars, furniture etc
• If you have children, it might be an idea to discuss what would happen in the event of a separation i.e. who will care for the children and who would pay for their major outgoings such as school fees etc.

In terms of the law and rights that cohabitants have, we have confirmed that they do not have the same rights as spouses, and as such, do not have the same legal rights. However, if a dispute were to arise then a dispute concerning property would need to be determined by how the property is owned and whether there is in existence any trust. You may not know whether a trust exists or not and as such, it would be our strong recommendation for you to seek legal advice with regards to your position, The law surrounding this aspect can be complex and for peace of mind and clarity, specialist legal advice may well be the best way forward for you to understand your position more clearly.

If you are in need of advice regarding your position, please feel free to contact us on info@boselegal.co.uk or via text or call on 07539 744144.