Latest research shows that the cohabiting couple family continues to be the fastest growing family type in the UK in 2016.
But does the current cohabitation law provide people with the rights they think they have?
Lindsey Canning, director of family law at Wake Smith, looks at the home truths about cohabitation.
Households and Families, published by the Office for National Statistics (ONS), shows that cohabiting couple families in the UK have doubled from 1.5 million families in 1996 to 3.3 million families in 2016.
There were 3.2 million opposite sex cohabiting couple families and 87,000 same sex cohabiting couple families in the UK in 2016. Together, cohabiting couple families account for 17% of all families in the UK.
Lindsey said: “Cohabitation is more common than marriage, however, the law relating to couples who cohabit is more complex and has not kept up with the modern age.
“The majority of law relating to couples who live together is governed by old property trust law.
“Over the last decade there have been various attempts by the Government and the legal community to change the law for couples who cohabit. However, none have been successful to date in simplifying the legal rights and process.
“Many people believe in the myth of 'common law marriage', the notion that cohabiting couples have similar legal rights to married people. This is simply not correct.
“Under current law it’s possible to live with someone for decades, and even to have children together, and then simply walk away without taking any responsibility for a former partner when the relationship breaks down.
“It is therefore very important that if you are considering living together, that you obtain the right advice. As the outcome if you separate may be very different to what you expect.”
Tips before moving in together
- If you are moving in with someone or buying a house together, set out from the start, your intentions.
- If you own your own home and your partner is thinking of moving in with you, protect the equity you have in your home.
- If you move in with someone, or are giving them money towards renovations on their home, ensure you are establishing a right to own part of the property.
- If you are buying a house together, and one of you has savings or sale proceeds from a former home you need to protect them.
Tips before buying a house together
- If you buy a house together and you put in unequal contributions to the purchase price, set out your individual shares and what your intentions are, if the house is sold. Otherwise it is presumed the property is jointly owned.
- Only significant renovations, such as installing a new kitchen or bathroom, count as an interest in the home. Paying for decoration of the property, no matter how lavish, is not enough.
- If you intend to pay half the mortgage, this may establish an interest in the property. It is very important that the parties agree what the intention is as to payment of money, is it to be towards the mortgage, it is to be rent or payment towards the utility bills only? Any such understanding should be formalised in an agreement. Again, it does not matter how long you may live together, there is no such legal concept as common law husband or wife.
- If you are the homeowner and are concerned that your new partner may try and establish an interest, there are agreements which mean when living together, the cohabitee does not establish any legal or beneficial interest in your home but attention should be given to who is going to pay for what outgoings.
- If the property is a home for children, this can will impact on the outcome of how the property will be dealt with.
Seek the right advice
Lindsey added: “The research proves that more and more couples are choosing to live together and bring up their children without marrying.
“Sadly, some of those relationships will come to an end at some point. Unfortunately, current cohabitation law is failing to provide people with the rights some of them, mistakenly, think they have.
“Our solicitors are used to negotiating through the difficulties which come from the breakdown of a cohabiting relationship. We know what issues arise and are experienced in drafting the correct documentation. Give us a call.”
For further advice on cohabitation call Wake Smith on 0114 266 6660.
