In the UK, cohabiting couples have different legal rights compared to married couples, and these rights can change based on various factors. This can include the length of the relationship, the presence of children, and the specific circumstances surrounding the couple’s living arrangements.
Cohabiting is when two people live together in a long-term relationship resembling marriage but without legal status. They share a home and responsibilities, but unlike married couples, they lack automatic legal protections regarding property and assets. This can lead to complications if the relationship ends or one partner passes away. We explore what your rights are as a cohabitant.
When discussing financial rights for cohabitees, it’s important to recognize that the legal rules are quite different from those that apply to married couples. In a marriage, one partner is automatically entitled to spousal support if the relationship ends, but this isn’t the case for cohabiting partners.
If a cohabiting relationship dissolves, one partner can’t simply demand financial support from the other. However, there are options available for making financial claims, especially if you and your partner own property together.
Additionally, under the Children Act, you may be eligible to seek financial help for raising your children, which can include child maintenance payments.
When it comes to property rights, if both partners are listed on the property title, they typically have equal rights to the property. This allows both individuals to participate in decisions related to the property and to share any profits if it is sold.
If the property is solely in one partner’s name, the other partner typically does not have an automatic legal claim to it. Nevertheless, they might still have rights if they can prove their contribution, whether financial or non-financial. This could include covering bills or enhancing the property.
The tenancy rights for those living together can differ depending on the type of lease. If both partners are listed on the lease, they share equal rights to live in the property and are both responsible for paying rent and following the lease terms. If one partner wishes to move out, they usually cannot terminate the lease on their own without the other partner’s consent.
If only one partner’s name appears on the lease, that individual is the official tenant. The other partner may still have the right to reside in the property but does not have the same legal rights. If the tenant decides to move out, they can end the lease, which may impact the housing situation of the other partner.
When cohabiting and raising children, it’s important to have both parents’ names on the birth certificate. This document is crucial for establishing parentage and can affect legal rights, inheritance, and access to benefits.
For unmarried parents, the mother automatically has parental responsibility, allowing her to make decisions about the child’s education, healthcare, and overall upbringing without needing any further agreements. If a father’s name is on the birth certificate, he also automatically receives parental responsibility, granting him equal rights in making decisions for the child.
Alternatively, both parents can opt to formalise their shared responsibilities by signing a parental responsibility agreement, which outlines their respective rights and responsibilities.
In case of separation, both parents retain rights concerning custody and visitation. If they struggle to reach an agreement, either parent can apply for a child arrangements order from the court, which will detail the child’s living arrangements and the visitation schedule with the other parent.
Cohabitants often encounter specific legal hurdles regarding inheritance. Unlike married couples, they don’t automatically inherit each other’s assets when one partner dies. This situation can create serious complications and potential inheritance disputes for the surviving partner, particularly if the death is sudden.
To make sure your partner is supported and receives your assets after you’re gone, it’s essential to take proactive measures by drafting a legally binding Will. By clearly outlining your wishes in a Will, you can name your partner as a beneficiary, ensuring they inherit the assets you intend for them.
You may also want to consider exploring other estate planning options, like trusts. These can offer extra protection and control over how your assets are handled and distributed.
If you and your partner are living together and want to safeguard your interests, it might be a good idea to consider a cohabitation agreement. This type of agreement can offer reassurance and clarity for couples who share a home.
It serves as a legal document tailored for those in long-term relationships who aren’t married. The agreement outlines each partner’s rights and responsibilities regarding various aspects of your shared life, including property, finances, inheritance, and children.
Cohabitation agreements might not carry the same legal authority as marriage contracts, but they can still play a significant role in court during conflicts. This is especially true if they are well-drafted and both parties are fully aware of their contents.
It’s a good idea to seek the help of a solicitor when creating a cohabitation agreement. This ensures that the document complies with legal standards and effectively safeguards the interests of both individuals.
At GSB, our experienced Cohabitation Solicitors focus on legal matters concerning unmarried couples who live together. We offer essential support and advice on a range of topics, such as cohabitation agreements, property rights, parental responsibilities, and resolving disputes. If you need a cohabitation solicitor, please get in touch with us today.
