"If you live in your partner’s house, where that property is owned by them, you could be left homeless if you break up"
According to recent estimates, the number of cohabiting couples in the UK has reached an estimated 3.6 million. However, nearly half of them are understood to hold ‘false beliefs’ about their legal status.
Under current laws, unmarried couples living together are not protected by any unified legislation and are treated as two unrelated individuals, taking no account of their relationship and time together.
What happens if I move in with my partner, and they are the sole owner of the property and we later break up?
If you live in your partner’s house, where that property is owned by them, you could be left homeless if you break up.
This is because as an unmarried partner, you have no right to stay in the home, which is owned by your partner if they ask you to leave. There could be rights you have as a parent of minor children to stay in the home.
If you have made significant monetary contributions, for example, to the purchase of the property or by paying off a chunk of the mortgage, you could claim what is called a “beneficial interest” ie some portion of the property as a monetary claim.
But such claims are difficult and can be very expensive legal proceedings, it is always best to have arrangements recorded in writing at the outset of moving in, so everyone knows where they stand.
Arrangements for living together can be recorded in a cohabitation agreement, which can set out who owns the property and in what shares, who will pay for what and what rights (if any) the other party will have.
This way, in a detailed and thorough document, there is clarity for all on what the financial arrangements for living together are, and what will happen if the relationship were to end.
If you are buying a property together, or paying money towards an existing home such as for an extension or reducing the mortgage, I would say it would be essential to at least have an agreement (sometimes called a Declaration of Trust) to set out how the purchase is being funded, who is contributing what, who will be paying the mortgage – and how such contributions will be realised and paid back if the relationship ends.
This will make sure that any contributions, particularly if they are unequal, can be recorded.
What happens if I’ve been lending my partner money, and we break up?
If you’ve been lending your partner money, it can be hard to get back the amount loaned especially if there is no written loan agreement.
It would have to be a civil claim in the county court which will turn on what evidence there is of loans being made and the terms of repayment and of course the ability of the other party to pay monies back.
A loan agreement would always be advisable to have, at least, if you are planning to lend money to a partner.
Can I claim maintenance – supporting income payments – from a partner if our cohabitation ends?
Generally, no, there is no right for a cohabitee to claim maintenance from the other if the relationship ends.
Where there are minor children, there can be claims for child maintenance and, in some cases, a carers allowance and there may be capital claims for a home until the youngest child reaches a certain age (usually 18 or finishing full-time secondary education).
Can I claim a share of my partner’s pension if we split up?
No, there is no claim that can be made over a pension. The financial remedies law for married people does include claims that can be made for pensions – and other assets including a family home even if these are in the other person’s sole name. But there is no such law that gives such claims for cohabitees.
Cohabitees can be in quite a vulnerable position if their relationship ends, and it is always best to take advice sooner rather than later on your position and have a cohabitation agreement, so each of you knows what your position is, preferably at the outset of the relationship.
Jacqueline concludes: “Some couples decide not to enter into a marriage or civil partnership and instead choose to cohabit. This is just a formal way of saying that they live together as a couple.”
“Cohabitation does not give financial rights as do marriage and civil partnerships – there is no such thing as a “common law spouse” and if the relationship were to break down, even after many years, there can be no claims over capital, pensions or for maintenance and the law on property held by one or both is complex.”
“If you wish to cohabit it is highly recommended that you have a cohabitation agreement, which is similar to a prenuptial or pre-civil arrangement agreement. This is a legal document that allows you to formally record the terms of how you live together, including agreement on finances and property.”
