More than two million couples live together, unmarried or without a civil partnership, in England and Wales alone.
Many of these are living with the belief that they are living in a ‘common-law marriage’ which gives them rights to the property, similar to the rights of a married couple or civil partnership, if the relationship dissolves or if their partner dies. In fact, the concept of a common-law marriage was outlawed in England and Wales in the eighteenth century!
Consider if a woman moves into her boyfriend’s house and pays towards his mortgage or other household bills without being on the paperwork. Whether this arrangement lasts for a year or fifty years, she has no rights to the property if he ended the relationship or even if he died. The house is 100% his, even if she paid all the other bills, and would be inherited by his next-of-kin. There are cases where courts will rule in favour of a partner’s claim to the property, based on their ability to demonstrate that they own a share based on their financial contributions to the home. This is called ‘beneficial interest’ and can only be determined by battling it out in a court of law – often the last thing someone wants if their partner has ended the relationship or passed away.
What if we have children?
Technically, having children does not change the situation. If a woman pays the mortgage and lives in the house with her boyfriend and their children, he would not have any rights to the house after the relationship ends, no matter how great his financial contributions to the household had been. In the event of the property owner’s death, the law will usually allow the child to remain in the house, so this often does mean that the other parent is granted the right to remain in the home until the child is eighteen or leaves full-time education. Note that the other parent does not inherit the house, and neither, technically, does the child. If the couple splits up, the primary carer of the child has no additional rights to the property than they would if they didn’t have children. However, again, a court will often grant tenancy to the primary carer in order to keep the child housed, again until the child is eighteen.
Should we get married?
Marriage is a massive commitment, but so is buying a house together. Marriage is, however, an extra expense that some people just can’t afford if they want to have the big day that they’ve dreamed of. Get some legal advice as to the difference in your married or unmarried rights, and see what you can do to close the gap. www.direct.gov.uk and www.advicenow.org have a great deal of useful information and links to other government websites on the matter.
Some couples make Living Together agreements, but these, like pre-nuptial agreements, are not always upheld in the courts. Only marriage, a civil partnership or a joint/tenants-in-common mortgage will guarantee you your share in the property if a relationship ends. Making a will can mean more rights if you can’t both be on property ownership or rental documents. Two-thirds of people in the UK never get round to making a will, thinking that their partner will be protected by the law, or by their blood next-of-kin, if the worse was to happen. But, as in the case of cohabiting couples, this is not always the case. Drawing up wills in case of death, or joint mortgages in case of a relationship ending can seem unromantic and many people understandably don’t want to consider how things would be financially if the worst happens. But, by knowing your rights and seeking legal advice, you can give yourselves the long-term security in order to be able to relax and enjoy your life together.
Wedding Rings from Wedding Rings Direct – Brilliant Service, Brilliant Prices
Recent Articles