Many couples these days make the decision not to marry. Many people think, because of the frequently used expression “common law husband and wife” that they have the same legal rights as a married couple. As unfair as it may seem, there is no such thing as a common law husband and wife in the eyes of the law.

This means that quite separate laws govern property rights, inheritance, contact and parental responsibility for children for cohabiting couples. In the case of property and inheritance old laws have been interpreted to try and cover the issues raised by cohabitation, but often do not quite succeed. For example, did you know that when you own a house jointly, if one of you dies, without a will transferring your partners share of the property to you on death, it will go to their blood relatives, and not to you? Are you sure as to what share of the home you live in is yours? Did you know that if you have children and separate, you personally have no right to any larger share of the home than you already own?

In short if you separate or one of you passes away unexpectedly, you could be facing a whole host of completely unforeseen problems when you are at your most vulnerable.

The good news is that these sorts of problems can be reduced or avoided by drawing up a Cohabitation Agreement. This is a simple document, which states clearly each of your rights in terms of property, other financial assets and pensions. It can be extended to include provision for any children if needed. The only other thing you need to do is prepare or amend your wills to reflect your joint agreement.

What if my relationship has already broken down?

If your relationship has broken down, there are possible legal remedies open to you through a raft of different Statutes. This is a complicated area of law that is subject to changes in interpretation by the Court. You will therefore need to take specialist advice.

For further advice or assistance from our experienced family law solicitors please contact our Family Law Team on:

Brighton Tel: 01273 775533
Email: brighton@mayowynnebaxter.co.uk

Eastbourne Tel: 01323 730543
Email: eastbourne@mayowynnebaxter.co.uk

Lewes Tel: 01273 477071
Email: lewes@mayowynnebaxter.co.uk

Hailsham Tel: 01323 840616
Email: hailsham@mayowynnebaxter.co.uk

Seaford Tel: 01323 891412
Email: seaford@mayowynnebaxter.co.uk