Family dynamics have undoubtedly changed as a consequence of the pandemic. We have seen an acceleration in separations, with the number of couples divorcing rising as well as an increase in cohabitation. Whilst couples may have previously taken the time to enjoy their relatively new relationship before living together, they are now doing so much more quickly than they would have contemplated previously.
The formation of the pandemic tiering and “bubble” system has no doubt contributed towards that increase. People are thinking much more about the here and now rather than their long-term future and what living together really means from a legal perspective. What is likely to follow in the months and years to come, therefore, is a significant increase in legal disputes between cohabiting couples.
There have been calls to reform cohabitation law for many years. The current law fails to recognize the rights of cohabiting couples in the same way as those of married couples. There is generally no claim for maintenance as there may be for a spouse, and there is no claim for a pension share either. Those that have children may have other claims, but most will be limited to child maintenance – which, if not agreed, can be assessed by the Child Maintenance Service.
Generally, a separating cohabitee’s claims are limited to the property in which they live. But sadly, most people only realise this once their relationship has already broken down. They find out that they are not a “common law” husband or wife – that is just a myth. As a family law solicitor, this advice is the most unpleasant to give. Clients come to you with expectations that are so far from what they will realistically be able to achieve. You can see their devastation when receiving this advice.
In these circumstances, unfortunately, I am telling many people who have been in a cohabiting relationship for many years and have been the homemaker that they have no rights to a share of the home. This is why it is so important to take early legal advice from a family lawyer at the outset of living together or to get some advice if you are already cohabiting. Don’t rely on Google or a friend’s advice. Many people don’t appreciate the significant difference in the law on divorce to that of cohabitation, or they mix up the law that applies to England with the law in other countries.
What can you do if you decide to cohabit?
1. If buying a house together, make sure your conveyancer is aware that you are not married and carefully consider the paperwork provided by your conveyancer so you understand and are aware of the implications of how you hold the property and what would happen if you were to separate or die. Too many people see the conveyancing paperwork as a box-ticking exercise without really thinking about or knowing the implication of what they are signing. Get legal advice from a family lawyer, and they can advise you on how you should share ownership of the property.
2. Have a declaration of trust drawn up which sets out your ownership of the property and what financial contributions you have made towards the property if they are different.
3. If you are not buying a house but are moving into the property of your partner, consider a living together agreement. It’s similar to a declaration of trust, but it can cover more day to day matters such as who is to pay for specific bills, debts, joins accounts, how repairs will be funded, renovation works etc.
4. If you have a parent or family member who is giving you monies which you intend to use for a property you will live in with a cohabitee, tell them to take advice so they can protect their interest.
5. Make a will –If your cohabitee dies intestate (without a will), you could be left with nothing. If you take advice and consider the above, you give yourself the piece of mind of having certainty as to what your situation will be if you separate and you save yourself the thousands it may cost in having to be involved in contested proceedings to sort the situation out.
If you wish to receive advice to protect your position because you intend to live with someone, or perhaps you are already living with someone and want to know where you stand, call Anthony Jones, a director at O’Donnell Solicitors, on 01457 761670 or email at anthony@odonnellsolicitors.co.uk for a no-obligation appointment.
