By Melissa Gire, Associate Solicitor, Family & Matrimonial
Many people believe that if you live with your partner for a long time, you automatically become ‘common law’ husband and wife. However, in England and Wales this is a myth, as common law marriage is not legally recognised.
Couples who live together, even for many years and with children together, do not have the same legal rights and protections as those who are married. However, the law provides very limited protections and safeguards for unmarried couples if the relationship ends.
If you separate, there is no automatic right to share assets like the family home unless they are jointly owned or specific agreements are in place. The person named on the title deeds is the legal owner and they own 100% of the property, despite any assurances they may have given to their partner about the property being ‘their home’ too. This remains the case even if you have children together, you have lived together for a long time and/or you have contributed towards the bills.
Sadly, the worrying misconception of a ‘common law marriage’ means that many people move in together or contribute financially to a property they do not legally own or have no interest in. This can lead to an upsetting situation sometimes years down the line when a relationship ends and they discover they have little or no legal rights to the property they considered their home.
It is important for cohabiting couples to obtain legal advice before moving in together to protect themselves. If you are considering moving in with your partner or purchasing a property together, our Family lawyers at CooperBurnett LLP are here to advise you on Cohabitation Agreements and whether it would be an appropriate option for you.
If you wish to discuss this further, please do not hesitate to contact Gemma Gillespie by email: gjg@cooperburnett.com or Melissa Gire by email: meg@cooperburnett.com tel: 01892 515022
This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.
This blog was originally published in the Tunbridge Wells Business Magazine: https://twbusinessmagazine.com
