Under UK law, the rights of an unmarried couple are very different from those enjoyed by a married couple or those in a civil partnership. If two people are co-habiting, whether they are of the same or different sexes, they will be treated differently under the law regardless of how long they have lived together. UK law does not recognise a common-law wife or husband. If someone enters into a co-habiting arrangement, it is essential that they know where they stand legally. A solicitor dealing in family law, such as Duncanlewis.co.uk, will be able to assist clients with any issues they have in respect of co-habitee’s rights.
If a couple are co-habiting and one of the individuals in question has no financial stake in a property, they have absolutely no right to any part of that property if the relationship finishes no matter how long they have been residing there. If the couple were married or had entered into a civil partnership, property rights would be granted. A housing possession solicitor can advise on property rights.
If one partner in a co-habiting arrangement dies without having left a will, the other partner could very well inherit nothing. Under the law as it applies to individuals who fail to make a will, there is no provision for a non-family member who is not a spouse or civil partner. The nightmare scenario in this respect is that a partner dies, a family member inherits the property, and the grieving partner is left homeless. Housing lawyers will provide advice to those in such a situation.
The law in relation to co-habiting couples is somewhat different if there are children involved. The law continues to treat each partner as a separate individual, but the parental responsibilities of both partners to a child are considered. For example, there may be child maintenance payments should the couple break up and there might even be grounds for continuing to live in a property.
It might not be something that a co-habiting couple wishes to discuss but talking about what might happen if the relationship ends or if one partner dies is sensible, given the lack of co-habitee rights under UK law.
There are steps that someone living under a co-habiting arrangement can take to protect themselves. If the couple rents a home, they can ensure that both names are entered on the tenancy agreement. In the case where the couple buy a home, or if one partner is moving into a home owned by the other partner, consideration needs to be given to whether the couple should sign as joint tenants or tenants in common. Under a joint tenant arrangement, the couple jointly own the whole property. In contrast, tenants in common each enjoy a particular share in the property and a decision can be made in advance on how the property will be split in the event that the couple break up.
A cohabitation agreement will allow a couple to make decisions on what will happen to a property or any other assets jointly owned should one half of the couple die.
Anyone with concerns about co-habitee’s rights should consult a solicitor, such as Duncanlewis.co.uk, for professional advice.
If a couple are co-habiting and one of the individuals in question has no financial stake in a property, they have absolutely no right to any part of that property if the relationship finishes no matter how long they have been residing there. If the couple were married or had entered into a civil partnership, property rights would be granted. A housing possession solicitor can advise on property rights.
If one partner in a co-habiting arrangement dies without having left a will, the other partner could very well inherit nothing. Under the law as it applies to individuals who fail to make a will, there is no provision for a non-family member who is not a spouse or civil partner. The nightmare scenario in this respect is that a partner dies, a family member inherits the property, and the grieving partner is left homeless. Housing lawyers will provide advice to those in such a situation.
The law in relation to co-habiting couples is somewhat different if there are children involved. The law continues to treat each partner as a separate individual, but the parental responsibilities of both partners to a child are considered. For example, there may be child maintenance payments should the couple break up and there might even be grounds for continuing to live in a property.
It might not be something that a co-habiting couple wishes to discuss but talking about what might happen if the relationship ends or if one partner dies is sensible, given the lack of co-habitee rights under UK law.
There are steps that someone living under a co-habiting arrangement can take to protect themselves. If the couple rents a home, they can ensure that both names are entered on the tenancy agreement. In the case where the couple buy a home, or if one partner is moving into a home owned by the other partner, consideration needs to be given to whether the couple should sign as joint tenants or tenants in common. Under a joint tenant arrangement, the couple jointly own the whole property. In contrast, tenants in common each enjoy a particular share in the property and a decision can be made in advance on how the property will be split in the event that the couple break up.
A cohabitation agreement will allow a couple to make decisions on what will happen to a property or any other assets jointly owned should one half of the couple die.
Anyone with concerns about co-habitee’s rights should consult a solicitor, such as Duncanlewis.co.uk, for professional advice.
