Living together – your rights

'Common Law Marriage'

Unmarried couples often mistakenly believe that they will become common law husband and wife and have the same rights as a married couple.  There is no such thing as a common law husband or wife in the laws of England and Wales. 

If you are living together as a couple, but are not married, your rights are governed by the laws of property, which can be complicated and often result in a different outcome to that that you had anticipated and you may think that it is unfair.  

Our family lawyers are experienced in resolving matters around unmarried couples' property, finances and children. If you are going through a split and are not married, getting sound legal advice about your rights could be essential.

Before you move in together...

If you are currently living together or planning to do so in the near future take our advice to ensure your rights are properly protected. You could avoid expensive and upsetting litigation later by considering these matters in advance and discussing with an experienced family lawyer what can be done.

As you set out on the path of living together you should carefully consider the implications of doing so.  There is no specific law governing your rights when living together.  It is important for you to consider at the outset certain financial and property matters so as to ensure that you are both in agreement about them.  If you do not, they may become the subject of disharmony within your relationship or could even be the cause of you splitting up.

Consider who owns what at the moment. For example, the house you are to live in, other property, cars and furniture.  How are the running costs of these things to be met?  How will any of them be replaced when they wear out?  If somebody contributes towards the running costs or replacement costs will they acquire a share of the ownership of that item?   All of these things need to be considered. 

If you have children would this alter things?  What if somebody became ill or was unable to work and financially contribute as they had done previously? These are some of the many things you should consider and discuss between you.

Make an agreement now to avoid disputes in the future

If you are to live together whilst unmarried, a Living Together Agreement can be prepared. If you propose to marry or enter into a civil partnership it is possible to enter into a Pre-Nuptial Agreement. 

These agreements record your intentions and may avoid any misunderstandings in the future.  At the present time agreements like this between married couples are not fully enforceable in the courts.  However, this does not mean that drawing up an agreement is worthless.  On the contrary, the courts are extremely likely to take this kind of agreement into account when making decisions about the provision for couples whose relationships have broken down.

Make a Will

Always consider making a Will.  It is never too soon to make a Will.  None of us like to think about dying but putting off making a Will may only complicate things for your family in the event of your untimely death. 

Making a Will is particularly important for couples who are not married. When someone dies without making a Will (called dying 'intestate'), the Rules of Intestacy apply to their estate. Only married or civil partners, and some other close relatives can inherit under the Rules of Intestacy. If you are not married to your partner, and do not have a valid Will, your partner will not be entitled to inherit anything.

Do you need advice about living together or splitting up after living together?

If you need advice on making a Living Together Agreement, or if you need advice on your rights after a split, our family lawyers can help. Call us on freephone 0800 422 0243, or complete our contact form and we will call you back.