Cohabitation and your Legal Rights - What are the rules?

Cohabitation has become increasingly common, with more and more couples choosing to live together without getting married or entering into a civil partnership. However, it is essential to note that cohabiting couples do not have the same legal rights and protections as married couples. In this comprehensive guide, we will explore the legal landscape surrounding cohabitation, including the rights and responsibilities of cohabiting couples, the financial implications of cohabitation, and steps you can take to protect your interests.

What is Cohabitation?

Cohabitation refers to the situation in which a couple lives together and shares a domestic life without being married or in a civil partnership. It is essential to understand that there is no legal recognition of a "common law marriage" in the UK, meaning that cohabiting couples do not have the same legal rights and protections as married couples.

Legal Rights and Protections for Cohabiting Couples

Property Rights - When it comes to property rights, the legal position for cohabiting couples is complex. Unlike married couples, cohabiting couples do not have an automatic right to the property owned by their partner. If one partner solely owns the property, the other partner has no legal entitlement to it, regardless of the length of the relationship or any financial contributions made. Bringing a claim under property and trust law may be possible, but such claims are complex and expensive. However, there are more straightforward steps that cohabiting couples can take to protect their interests in a property, such as entering into a Declaration of Trust or a Cohabitation Agreement.

Declaration of Trust - This legally binding document establishes each partner's ownership rights and financial interests in a property. It can specify the respective shares of each partner and what should happen to the property in the event of a breakup or the death of one of the partners. Declaration of Trusts can provide clarity and fairness, protecting both partners.

Cohabitation Agreement - This legal document covers various aspects of the cohabiting couple's relationship, including property ownership, financial responsibilities, and arrangements for children. It can be tailored to the specific needs and circumstances of the couple and provides a clear framework for resolving disputes and protecting each partner's rights.

Financial Responsibilities - In terms of financial responsibilities, cohabiting couples do not have the same legal obligations as married couples. Each partner is responsible for their own financial affairs, and there is no automatic duty to provide financial support to the other partner upon separation. However, if children are involved, both partners have a legal responsibility to support their children financially. Child maintenance can be arranged through the Child Maintenance Service, ensuring the children's financial needs are met.

Inheritance and Wills - One area where cohabiting couples face significant challenges is inheritance. Unlike married couples, cohabiting partners do not have an automatic right to inherit from each other. If one partner dies without a valid Will, the surviving partner may not receive any inheritance. It is, therefore, crucial for cohabiting couples to make Wills to ensure that their assets are distributed according to their wishes. By making a Will, you can specify who should inherit the property, possessions, and financial assets, providing your partner security and peace of mind.

Parental Responsibility - Parental responsibility refers to the legal rights, duties, and responsibilities that a parent has towards their child. In the case of cohabiting couples, the father will only have parental responsibility if he is named on the child's birth certificate. It is important to note that parental responsibility may not automatically extend to stepchildren or children from previous relationships, even if the father is named on the birth certificate.

Legal Reform and Future Changes

There have been calls for legal reform to provide greater protection for cohabiting couples. The Law Commission has recommended changes to the law to improve the rights and financial protections for cohabiting partners. However, as of now, significant changes have yet to be implemented. It is crucial for cohabiting couples to be aware of their legal rights and to take proactive steps to protect their interests.

Seeking legal advice

If you have concerns about your legal rights and protections as a cohabiting couple, it is advisable to seek legal advice from a family law solicitor. We can provide guidance tailored to your circumstances and help you understand your legal position. For help and advice, please get in touch with Sam Miles and the Family Legal team on 023 8063 9311 or email enquiries@warnergoodman.co.uk.