Cohabitation Rights

Were you aware that:

  • There is no such thing as a common law wife or a common law husband.
  • You have no automatic rights in property merely by living together, no matter for how long.
  • When you buy or lease a house or flat you can spell out your shares, rights and obligations quite simply, in legally binding form.
  • You can make legally binding promises to each other about matters such as mortgage repayments, bills, pensions and wills.

Unfortunately there is currently no simple or coherent law which helps to sort out the breakdown of an unmarried couple’s relationship. Courts have powers to divide up property assets for unmarried couples, but unlike married couples, they have no powers over other assets such as pensions, investments nor do they have the power to order ‘spousal’ maintenance if one of the parties needs it.

The law in this area is complex and the court will decide each case according to the facts, including whether the property is jointly or solely legally owned, what the conveyancing or trust documents say about ownership, what has been said or agreed during the relationship, and what financial contributions there have been during the relationship.

Here at Kale and Co we can act swiftly and decisively to investigate your claim, and ensure that your rights are fully and properly represented.

For more information call us on: 01902 772 500 or contact us.