Cohabitation
Sometimes people refer to couples who have been living together, and possibly bringing up children together, for a long period of time as “Common Law” husband and wife. There is, in fact, no such legal status. The law refers to this sort of relationship as cohabitation.
If a married couple end a relationship, matrimonial legislation allows the court to deal with the financial arrangements including all property and maintenance.
Where a couple are living together and a relationship ends, there is no legal provision for maintenance other than for their children. When looking at the division of the couple’s property there is no notion of fairness or reasonableness built into the law.
Sometimes property is jointly owned and the deeds are in the name of both partners. If this is not the case, being awarded a share in a property depends on being able to establish ownership based on financial contribution and common intention.
There is no automatic right to a share of any other assets that are held in a partner’s name unless it is held in joint names.
If one partner of a non-married couple dies, the other partner would not automatically inherit anything from them unless they were a joint owner of assets.
Lawyers and advisers can assist by drafting a cohabitation agreement which in the event of separation can govern the rights of the individuals concerned. For more information contact a member of the family law team.
