Cohabitation: What are your legal rights and protections?
Cohabitation has become increasingly common, with couples choosing to live together without getting married or entering into a civil partnership. However, cohabiting couples do not have the same legal rights and protections as married couples – there is no legal recognition of a “common law marriage” in the UK. This can leave them financially vulnerable in the event of a breakup or the death of a partner. Partner at Berry & Lamberts Solicitors, Amanda Wilson, explains more.
Amanda Wilson
What is Cohabitation?
Cohabitation refers to the situation in which a couple live together and share a domestic life without being married or in a civil partnership.
What are your property rights?
When it comes to property rights, the legal position for cohabiting couples is complex. Unlike married couples, cohabiting couples do not automatically have rights over property owned by their partner. However, there are steps that cohabiting couples can take to protect their interests in a property:
• A Declaration of Trust is a legally binding document that sets out each partner’s ownership rights and financial interests in a property. It can specify the respective shares of each partner and what should happen to the property in the event of a breakup or the death of one of the partners.
• A Cohabitation Agreement is a legal document that covers various aspects of the cohabiting couple’s relationship, including property ownership, financial responsibilities, and arrangements for children.
What are your financial responsibilities?
In terms of financial responsibilities, cohabiting couples do not have the same legal obligations as married couples. Each partner is responsible for their own financial affairs, and there is no automatic duty to provide financial support to the other partner upon separation. However, if there are children involved, both partners have a legal duty to financially support their children.
What are your inheritance rights?
One area where cohabiting couples face significant challenges is inheritance. Unlike married couples, cohabiting partners do not have an automatic right to inherit from each other. If one partner dies without a valid will, the surviving partner may not receive any inheritance.
Should you have a will in place?
Making a will is crucial for cohabiting couples. Without a will, your partner may not automatically inherit your assets. By making a will, you can ensure that your partner and any children are provided for and that your assets are distributed according to your wishes.
Do you have joint parental responsibility?
Parental responsibility refers to the legal rights, duties, and responsibilities that a parent has towards their child. In the case of cohabiting couples, the father will only have parental responsibility if he is named on the child’s birth certificate. If you are a father and not named on your child’s birth certificate, consider obtaining parental responsibility through a parental responsibility agreement or a court order.
Should you seek legal advice as a cohabiting couple?
It is essential for cohabiting couples to be aware of their legal rights and to take proactive steps to protect their interests. A family law solicitor can provide guidance tailored to your specific circumstances.
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