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The
Worcester Family Law Practice
34 -35 Foregate Street Worcester WR1 1EE Phone: 01905 730 900 |
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Living
Together - The "Common Law Marriage"
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The Problem: The law treats couples who simply live together very differently from married couples. There is no such thing as a 'common-law wife' in the law of England and Wales - the concept was abolished in the 18th Century. The technical term most often used by lawyers to refer to people who live together is “cohabitants”. What rights does the “common law wife” or “common law husband” have? If a married couple (or gay civil partners) separate, the court can share the assets of the marriage between them, taking into account a range of factors, including the 'non-financial' contributions made by each person to the marriage, and also their future needs If an unmarried couple separates, however, the court does not have these powers.
Generally, each person would walk away with what they own. This is often unfair, especially if one person has made sacrifices for the benefit of the couple, such as putting a career on hold to look after the needs of the family. Such contributions are simply not taken into account. In some circumstances, it is possible for one person to gain an interest in the other's property. However, whether this has happened in a particular case, and if so, the value of the interest acquired is complicated to determine. Even if the house is not in your name, however, it may be worthwhile to discuss with us the possibility of establishing a claim. If there are children, the court has additional powers to ensure that the children are properly provided for. The remedies available are usually only temporary, however, and designed to cover the period only until the children have grown up.
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The family home is usually the biggest asset for any couple. It does not matter whether the couple purchases their home jointly, or whether one person moves in to live at the other's house. In both cases, the couple should seek professional advice from a solicitor about their rights to the property. An agreement can be recorded about who is to own what if the relationship were to end. This could protect either “common law partner” from the risk of unfairness. Whilst it may not seem very romantic to think about these things, it can save heartache later on if the couple were to part. We can advise on all of the legal issues relating to unmarried couples, and can assist in the preparation of any agreement. |
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