Info & Advice

What are my rights if I am living with someone?

Unfortunately, you don’t have many. Moving in with your boyfriend or girlfriend is now so commonplace that we no longer even notice it. Marriage has become an optional extra: a formal, public declaration of commitment that the couple may eventually welcome – but not just yet!

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We live in a much freer world than that inhabited by our grandparents and great-grandparents, and no longer feel the need to justify our romantic relationships with certificates, ceremonies or rings. We are allowed to pursue happiness without the social restrictions of old. This is very liberating – but it can cause significant problems further down the line.

Why? Simply because family law in England and Wales ascribes no special status to living together: there is no such thing as a common law spouse. As far as the law is concerned, a cohabiting couple are simply two individuals living together under the same roof, and so most of the legal rights that come with marriage will not be available to them. Unmarried partners have no automatic right to maintenance or financial support, nor any right to inherit property or pensions if their partner passes away after years together. Older people can be left in difficult circumstances, especially if they are no longer working and they had no idea of their true legal status.

Preparation

The best way to avoid this kind of shock is to prepare beforehand. Perhaps the simplest and most comprehensive step a cohabiting couple can take is to simply get married. But if, for whatever reason, that is out of the question, the next best thing would be to make provision for your partner in your will. A formal declaration there that they should receive the house or a particular sum of money in the event of your death will be legally watertight.

Younger couples, meanwhile, may prefer a cohabitation agreement. As the name suggests, this a formal agreement between you and your partner setting out how you would divide your assets if you ever split up and whether or not one spouse would support the other, with the period of time and the sums involved both specified. A cohabitation agreement provides a degree of certainty – and a family solicitor can help ensure yours is comprehensive and effective. Drafting an agreement does require mature communication and a willingness to engage with the idea that your relationship might not last.

Inheritance

But what if it’s all too late? Your partner died without providing for you in their will and now you find yourself facing the loss of your home or other difficult financial circumstances. There is one other option in that situation: a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This allows you to argue in court that your late partner should have made “reasonable provision” for you even if they did not. Such claims can succeed if you have a good case: some claimants have won the right to their former partner’s home or other financial support.

If you are not married to your partner, discuss the best ways to protect your interests with a family lawyer.


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FAQs

We guide you through the basics of family law by answering some popular questions regarding divorce, financial issues and children disputes.

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Should we have an Agreement?

Being practical, the answer to that question is very often a firm YES! Answers to problems can be found elsewhere, but if there is a…

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Being practical, the answer to that question is very often a firm YES!

Answers to problems can be found elsewhere, but if there is a Living Together Agreement, properly considered, well-drafted and comprehensively dealing with all the aspects that the couple care about, then there is more certainty and less worry about ‘What if…?’

If people plan to marry, then they can make their agreement a Pre-Nuptial (‘before marriage’) one and if money is being introduced into their lives from relatives, especially as loans, then the financial interests of the third party can be agreed in such an agreement, avoiding arguments about liability for repayment, terms of loan or gift and particularly avoiding them needing to participate in any dispute later on.


We never married and now my ex wants half the house, what do I do?

Before we split up, we bought a house and we entered into a declaration of trust dealing with the ownership of the house. We never…

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Before we split up, we bought a house and we entered into a declaration of trust dealing with the ownership of the house. We never married and now my ex wants half the house. We agreed that they were only entitled to 30% of it and that is what the declaration of trust says. What now?

Firstly, you should pat yourself on the back for being sensible. A declaration of trust is one of the ways you can protect yourself when in a cohabiting relationship. The Declaration of Trust is a legally binding document which sets out the ownership of the property you bought together. The terms of that agreement should be followed, this means your ex should be entitled to 30%. If they want more they would need to go to court and apply (with a very good reason!) for more than 30%. It is very rare for the court to give someone more money than the declaration of trust says so this would only be successful in 1 case in a 1000.

If you cohabit with anyone else again, it might be a good idea to enter into a cohabitation agreement. This sets out the financial arrangements clearly so that if the relationship breaks down, you both know where you stand financially.


What about children?

We deal with children issues elsewhere and the most important thing to know is that married parents, mothers and some fathers have Parental Responsibility as…

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We deal with children issues elsewhere and the most important thing to know is that married parents, mothers and some fathers have Parental Responsibility as a matter of law.   That does not apply to children of the other partner and legal responsibility does not extend to parents’ partners, so without something in place, a parent-figure might have no legal standing.

Have a look at our section on children.


What about if one of us dies?

This is a complicated issue beyond the information we can provide here, but the particular circumstances of a family can be relevant to inheritance issues.  …

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This is a complicated issue beyond the information we can provide here, but the particular circumstances of a family can be relevant to inheritance issues.   In the absence of a Will, the laws of intestacy apply and the rights of a person only ‘living with’ somebody depend on property law, inheritance law and the terms of pension schemes and policies.

Rather than risk that lottery, it is usually better for couples living together to make Wills to say what should happen if they die.


What if we split up?

We put that as part of ‘Should we have an agreement?’ because the agreement can govern the arrangements and provide greater certainty, even if people…

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We put that as part of ‘Should we have an agreement?’ because the agreement can govern the arrangements and provide greater certainty, even if people are happily or tolerably, living together.   Agreements are not simply to say what should happen if people separate, but that is a useful aspect that can be brought in.  Who lives where and what happens about – a sale or buy-out can be dealt with in a Living Together Agreement.   Many of the provisions would follow on from ownership, financial and practical issues considered for inclusion.

‘A stich in time, saves nine’ and thinking about arrangements before things go wrong may even help that not happening.  If somebody shows themselves to be selfish and unreasonable when discussing arrangements for living together, it serves as a warning that may save a broken heart and/or financial disaster later on.  Often people are deflected by an appeal to ‘trust me’ but a little evidence of trustworthiness, such as reasoned discussion before commencing cohabitation can make that easier.

We trust that answers at least some of your questions and sets your thinking on a productive track.


Who owns what?

This is a big topic, but with informal living together arrangements, property law decides who owns what, so it is vitally important that ownership is…

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This is a big topic, but with informal living together arrangements, property law decides who owns what, so it is vitally important that ownership is properly recorded when a property is purchased.   Often property lawyers, don’t like to ask to many questions and often only want to know about auto-inheritance on death which determines whether they register it is as ‘beneficial joint tenancy’ (survivor inherits) or a ‘tenancy in common’ (no automatic inheritance).  The Land Registry proprietorship register says who owns the property and many people expect that the money they contributed or was given/borrowed from families will be respected, but that cannot be presumed.

Belongings are called ‘chattels’ in law and courts are very reluctant to spend time deciding on such things.   There is established law about objects and rights, but arguing or taking it to court is rarely productive.    Far better to have decided the principles to be applied before people split up.


Who pays for what?

Often people develop habits about how finances are run without much discussion or agreement. People have contracts with providers and the businesses get paid.  It…

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Often people develop habits about how finances are run without much discussion or agreement. People have contracts with providers and the businesses get paid.  It is between the people involved in the contract, unless there is some other law that applies, such as for Council Tax.

Far better to talk about such things and agree.

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