Moving into together is an exciting time in any relationship. Cohabiting, as it is otherwise known, is a big step and a positive show of your commitment to each other.
There can, however, often be some misunderstandings as to what cohabitation legally means and what rights and responsibilities you have has a cohabitee. To help, Thrings’ Family team run through some of the basic terms and questions to give you a better understanding.
Am I cohabiting?
You are a cohabitant if you are a couple, living together in the same household who is not married or in a civil partnership.
Am I in a “common law marriage”?
Contrary to the belief of over two thirds of cohabiting couples, “common law marriages” do not exist regardless of how long you live together. The truth is that the law provides very little legal protection to cohabiting couples, so it is important to try to protect yourself from pitfalls.
Cohabitation agreements
A cohabitation agreement is a good way for cohabiting couples to record the arrangements they would like in place in the event that they should not want to live together anymore. This can be tailored to your specific needs as a couple. Some things you could include in the agreement are arrangements for property, pets, provision for children and/or bank accounts.
Declaration of trust
One of the biggest issues cohabitants face is who owns the home and how much of it do they own? This is particularly important when each of you are financially contributing different amounts. The best way to ensure clarity in this situation is through a declaration of trust which can record the basis of your respective financial contribution to the property. The key to understanding how your property is divided in the event of a relationship breakdown is by understanding the between joint tenants and tenants in common.
Joint tenants
Each of you will have equal rights to the whole of the property. You are presumed to have equal shares of the property unless there is evidence to the contrary. If there is a mortgage, you are usually both noted and are jointly liable. Should one tenant die, their share of the property is passed to the other property owner.
Tenants in common
Each party owns a separate share of the property, which can be in different sizes. If one of the property owners die under tenants in common, then the share of the property will fall into the deceased’s estate rather than automatically transferring to the surviving property owner. A restriction is entered on the title to reflect tenants in common.
Can I still make an application for child arrangements as a cohabitant?
Yes, anyone with parental responsibility can still make applications under the children act whether married or unmarried. However it is always best to try and resolve child arrangements through a non-court approach such as Mediation. The courts will encourage cohabitants to do so.
Should I make a Will?
Yes, if you are a cohabiting couple, you should make a will as soon as you can if in the unfortunate event of your death you would like provision made for your cohabiting partner. Under the laws of intestacy, without a will your estate will automatically be distributed to your relatives.
What about my pension?
Often, if you are not in a civil partnership or marriage, your partner is not provided for in the pension scheme you are enrolled in. Should you want provision for your cohabiting partner in the event of your death, ensure they are a named beneficiary under the scheme.
What does the future hold?
In its election manifesto, the Labour government pledged to strengthen the rights and protections of women in cohabiting relationships. Whilst there is no draft legislation currently progressing through Parliament, a formal consultation on reform proposals expected this year.
Thrings Family lawyers are experienced in all areas of the law that are close to home. Whether it is marriages and pre-nuptial agreements, relationship planning or divorces and separations, they will put your best interests first, taking the time to get to know you so that you are supported with sound advice tailored to your needs. To find out more, get in contact.
