The law is not at all the same for people who are not married and just live together and those who are married. There is no such thing in British Law as a 'Common Law' Wife or Husband, this means that the law treats cohabitees (people who live together) as separate people with no rights against each other by way of assets if the relationship does not work out.
Property
The rights to property do not exist to a unmarried partner if the property is not in their name, unless there are very special circumstances. This is because there is no automatic legal right of people who live together to a share of property belonging to a former partner at the end of a relationship, no matter how serious or lengthy the relationship, if it is in one partner's name, it is theirs. This is different from Divorce, if the couple is married and they are divorcing then The Court will have an unlimited right to change property ownership depending on the circumstances. This is not the case between cohabitees. The court may, for the sake of fairness and in exceptional circumstances vary the ownership. These cases are very specific and legal advice will be needed to decide whether your situation is exceptional.
If an unmarried couple decides to buy a house then they should decide how the ownership is to be treated and how any proceeds will be divided if the relationship breaks down. The two options are to hold the property as beneficial joint tenants or as tenants in common. The decision could be based upon how much each partner contributes to the purchase of the house. The intention of how much is being contributed should be recorded in a "cohabitation agreement" and if the property is to be held in just one name thought should be given to executing a trust deed.
Maintenance
There is no right of maintenance between cohabitees to maintain each other after the relationship ends unlike marriage. However, if children are involved there is a duty imposed by law to maintain all biological children.
Dying without a will
Should one partner die without making a Will (intestacy), his or her property will pass to their relatives and not automatically to their former partner through set rules from the state. An exception could be property held as a beneficial joint tenant which will pass automatically and outside of a will.
Entitlements to property following the death of one partner is dictated by the Inheritance Provision for Family and Dependents Act 1979. However disputes over property between unmarried couples are unavoidable and have every potential to be very expensive.
There are a number of things which can be done whilst living together to try and protect yourself. These are not particularly romantic but they are very sensible, and will help you avoid problems in the future and will also create a understanding during the relationship.
There are set steps you can make to protect yourself. The best thing, undoubtedly, will be to make a Co-Habitation agreement. This will protect you if your relationship ends as you have set what will happen before hand. The only other thing to worry about will be a death of a partner. In this case, if there is no will present, the house will pass down through the intestacy rules of the UK which means it will go to the family of the deceased. Therefore it is best to leave a will.
Property
The rights to property do not exist to a unmarried partner if the property is not in their name, unless there are very special circumstances. This is because there is no automatic legal right of people who live together to a share of property belonging to a former partner at the end of a relationship, no matter how serious or lengthy the relationship, if it is in one partner's name, it is theirs. This is different from Divorce, if the couple is married and they are divorcing then The Court will have an unlimited right to change property ownership depending on the circumstances. This is not the case between cohabitees. The court may, for the sake of fairness and in exceptional circumstances vary the ownership. These cases are very specific and legal advice will be needed to decide whether your situation is exceptional.
If an unmarried couple decides to buy a house then they should decide how the ownership is to be treated and how any proceeds will be divided if the relationship breaks down. The two options are to hold the property as beneficial joint tenants or as tenants in common. The decision could be based upon how much each partner contributes to the purchase of the house. The intention of how much is being contributed should be recorded in a "cohabitation agreement" and if the property is to be held in just one name thought should be given to executing a trust deed.
Maintenance
There is no right of maintenance between cohabitees to maintain each other after the relationship ends unlike marriage. However, if children are involved there is a duty imposed by law to maintain all biological children.
Dying without a will
Should one partner die without making a Will (intestacy), his or her property will pass to their relatives and not automatically to their former partner through set rules from the state. An exception could be property held as a beneficial joint tenant which will pass automatically and outside of a will.
Entitlements to property following the death of one partner is dictated by the Inheritance Provision for Family and Dependents Act 1979. However disputes over property between unmarried couples are unavoidable and have every potential to be very expensive.
There are a number of things which can be done whilst living together to try and protect yourself. These are not particularly romantic but they are very sensible, and will help you avoid problems in the future and will also create a understanding during the relationship.
There are set steps you can make to protect yourself. The best thing, undoubtedly, will be to make a Co-Habitation agreement. This will protect you if your relationship ends as you have set what will happen before hand. The only other thing to worry about will be a death of a partner. In this case, if there is no will present, the house will pass down through the intestacy rules of the UK which means it will go to the family of the deceased. Therefore it is best to leave a will.
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