Cohabitation Rights

Under UK law, there is no such thing as the ‘common law spouse’. Cohabitation rights are much more complex than many people think, and if you are cohabiting with your partner you need to make sure your financial rights and position in relation to children are protected.

If you live with your partner but are not married or in a civil partnership then your rights and obligations relating to property, children and maintenance are very different. The cohabitation and divorce lawyers at JMW specialise in advising cohabiting couples on their rights.

Call a cohabitation rights expert on 0800 652 5577 or fill in our online enquiry form and we will get back to you.

Cohabitation Disputes

The most common cohabitation rights disputes are:

• Property Disputes: Disputes arising between cohabitants involve complex property law, often resulting in significant legal costs. If a property is owned in joint names the starting point will usually be that each party owns an equal share, regardless of financial contribution. If it is in just one name, the unnamed co-habitee must establish a legal interest in the property. This is not straightforward.
• Financial Provision under the Children Act 1989: Such applications are relatively uncommon, however when the court does order a former co-habitee to make provision for children it typically takes the form of property, placed in a trust for the children until a specified date in the future.
• Disputes Involving Children: Unmarried fathers do not automatically receive parental responsibility. Unlike married couples and civil partners, there are also no legal provisions obliging someone to pay maintenance to their co-habitee if they separate.

Contact JMW

As experts in cohabitation rights, the team of family and divorce lawyers at JMW understands the ins and outs of the legal issues affecting cohabiting couples. As it currently stands, the law often leads to injustices for such cohabiting couples when they subsequently separate, or should their partner die, compared with the rights afforded to a spouse or a civil partner.

Contact the team at JMW today to discuss your cohabitation rights and any disputes; call 0800 652 5577 or fill in our online enquiry form and we will get back to you.