Cohabitation

At present cohabiting couples, whether heterosexuals, or same sex unregistered partnerships, have very few claims against each other if the relationship breaks down. There is no such principle as a common law husband or wife under the current law, although the law is under review and may well change in the future.

There are, however ways in which you can try to safeguard your position and financial assets.  At minimum, if you and your partner are purchasing a property together, you should consider how should own the property by entering into a Deed of Trust.  It may well be that you contribute unequal amounts to the purchase therefore you do not necessarily want to own the property in equal shares.

It is more advisable to enter into a cohabitation agreement with your partner.  This can set out not only how you will own the property, but also what your contributions to household bills will be, and what should happen in the unfortunate event of the relationship breaking down.  There is no limit to what can be included in a cohabitation agreement! 

A cohabitation agreement is not watertight but it is very difficult to say that it should not be implemented if both parties had received legal advice at the time.  It is far more complicated to deal with any dispute about property where no cohabitation agreement exists as commonly there will be a disagreement as to what was intended at the start of the relationship.

Q. I moved in with my boyfriend 4 years ago.  The house we live in is in his sole name, and we did not make any agreements as to what should happen if we split up.  I have however been paying half of the mortgage since I moved in.  Do I have a claim against the property?

A. Yes, in all probability you do have an interest in the property.  How much your claim is will depend on how much you have actually paid to the mortgage over the 4 year period.  It is unlikely that your interest will be very big.

Q. I have split up with my partner.  We jointly own a house together in equal shares, and we have a young child.  My partner works full time, but I don't.  He wants to sell the house.  Can he force me to sell the house?  Can I make any claims against his for maintenance for me and my daughter?

A. Unless you have signed a cohabitation agreement with your partner about what should happen in these circumstances, it is likely that the house will be sold, unless you can purchase your partner's interest in the property.  The net proceeds of sale will simply be split equally.  Your partner will have to pay you child maintenance for your daughter, but does not have to pay you any maintenance.  Nor do you have any claims against him.

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