No such thing as a common law spouse

Buying your first house is exciting and nerve wracking at the same time. Couples who are buying together for the first time are making a huge financial and emotional investment, often funded by one or both of their respective parents. An important factor that is often overlooked is what happens if the relationship breaks down. 

The law which protects married couples on divorce does not extend to cohabiting couples. The term ‘common law spouse’ is readily used in day-to-day conversation but it has no basis in law as cohabitees have no clear cut rights to claim against their former partner’s capital, income or pensions upon separation.

Unless there are children involved, the claims between unmarried couples are often limited to property claims and are fraught with difficulty. Even after a long term relationship, an unmarried partner can find themselves in a vulnerable position if they have no property or assets registered in their name. If potential claims about the ownership of, or financial contributions towards, a property are disputed it can result in complex court proceedings at a significant cost. 

Resolution, the national organisation of family lawyers, is continuing its campaign for a change in the law to provide greater protection for cohabiting couples upon separation. In the absence of such changes, cohabitees must consider their legal position and seek advice from a solicitor, in particular, when purchasing a property with a partner or financially contributing to a property that is owned by another person. It is important that your intentions are documented correctly in a Cohabitation Agreement which are designed to legally protect you in the event of separation.