There is a common misconception that, after a given period, a couple living together, but not married, acquire the same property, financial and inheritance rights as married couples. This is not true: the term "Common Law Wife" is meaningless in law. However, you can put a "Cohabitation Agreement" in place to ensure that your wishes and needs are met if either of you die or if the relationship ends.
When a married couple's relationship ends, matrimonial legislation allows the courts to deal with the financial arrangements including property and maintenance. When a cohabiting couple's relationship ends, there is no legal provision for maintenance. When looking at the division of the couple’s property, there is no notion of fairness or reasonableness built into the law.
Property arrangements
A property may be owned in the sole name of one partner or may be owned jointly. If one half of a cohabiting couple has sole legal ownership of the property, it is presumed that he or she owns all the interest. For the other half to have any claim he or she would have to prove that part of the property is held for their benefit. This would need an application to the Court which would be dealt with on strict legal principles.
Unlike married couples, cohabiting couples do not have the protection of the law. In the case of 'Burns', Mrs Burns lived with Mr Burns for nearly 19 years. Despite having changed her name to his, having 2 children, giving up work when they were small then returning and contributing to the household expenses, she had no rights either to the property or to maintenance. In the eyes of the law she was regarded as a mistress, not a wife. The same law still applies.
Therefore as a cohabiting partner of a sole occupier you have no rights to remain in the home if you are asked to leave by the owner. Both parties should therefore take steps to protect their position when buying a property together.
Financial arrangements
Where a couple are living together and the relationship ends, there is no legal provision for maintenance. However, if you entered into a cohabitation agreement with your partner during your relationship, this will make provision for the resolution of various financial/property matters should the relationship end.
Children
If you separate, you and your partner may make an informal arrangement for contact with a child. If this is not possible, a court can be asked to intervene. The court order will usually allow contact between the child and the parent with whom the child is not living, unless there are exceptional circumstances.
Both parents are responsible for supporting a child financially. The father is equally responsible even if he is neither living with the mother nor named on the child’s birth certificate. He can be contacted by the Child Support Agency for maintenance.
Revising a Will
As with married couples, it is advisable to revise any Will made during a relationship once that relationship has ended. Failure to do so promptly could result in the estate of one partner passing to the other, probably against his or her wishes following the end of the relationship, in the event of their untimely death.
