If you are living with your partner you might think you have similar rights as a married couple. However, there is no such thing as “common law” husband or wife in the eyes of the law. If your relationship breaks down or one of you dies, you are not entitled to the same rights as a married couple. For example, you cannot claim maintenance from an unmarried partner. You might want to consider a cohabitation agreement.
With regards to property the court will take into consideration how the property is owned and what contributions you have made to decide whether you automatically have a right to a share of it. A court may even ignore the legal title and decide against a 50/50 simply because of what you contributed during the time you lived together.
In the event of your partner dying the property may be passed to their next of kin if they did not have a will. If you were not married you will not automatically be the next of kin.
Our experienced team of family solicitors can ensure that you, your partner and any children will be provided for should anything unexpected happen. A correctly drafted Cohabitation Agreement will decide how property and assets should be divided should the relationship breakdown or a loved one die.
We can also advise unmarried couples of their rights if their relationship breaks down and they do not have a Cohabitation Agreement.