Cohabitees - Does living with someone give you the same rights as a married couple?

For whatever reason, more and more of us are choosing to show our commitment to our loved one through living together rather than going the whole hog with a lavish wedding.

And if you’ve lived with your partner for several years, bought a house together, had children together and contributed equally to the family income, you may be forgiven for thinking that should you one day split up, the law will give you the same status as a married couple.

But, unfortunately, you’d be wrong. There is no legal recognition of being a “common law” husband or wife.

So what happens in the event that the relationship breaks down?
Well, a couple living together need to think carefully about what they intend and expect in a number of important areas, including property and financial support, their children, pensions and inheritance. 

If the relationship ends, very different rules apply for a couple who are married and those who are not. 

When a married couple divorce, a Court can share out assets and order maintenance in the way it considers fair.  This is not the case for unmarried couples, and the entitlement on the breakdown of the relationship or death could be very different from what was expected. 

For example, you may have lived with your partner for many years but this will not entitle you to maintenance or an even share in the house in which you live.

There are also significant differences with regard to rights of inheritance, exemptions from inheritance tax and pensions.

Is there anything I can do?
You should give careful thought as to what rights and obligations are expected from the relationship from the outset.

For example, if you intend that you should both have an equal share in your house should you split, you will need to get a solicitor to draw up a Trust Deed.

A good solicitor can also discuss with you the merits of a Cohabitation Agreement.  These are not yet fully tested in the Courts and are not always enforceable but they can help couples think about what is to happen if their relationship ends and can set down common intentions, particularly with regard to financial and property matters.

Another important consideration for unmarried couples is to make Wills to ensure that on death their wishes are taken into account.  If no Will is in force, the rules that apply are unlikely to achieve what was intended.

What about same sex partnerships?
The Law governing same sex couples and their legal rights changed following the coming into force of the Civil Partnership Act 2004. 

It is now possible for same sex couples who are unable to marry to register their partnership.   

In these instances, if the relationship breaks down and a financial agreement cannot be reached, either party will be able to make an application to the Court.  The Judge will be able to make a range of financial orders which will be similar in nature to those orders made within matrimonial proceedings for married couples.

Basically, then, the law relating to cohabitation both for same sex and different sex couples is complex; you should seek legal guidance, preferably, at the time you enter into the relationship to avoid the complications that can arise if things don’t work out.

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