It is difficult to know exactly how many couples now live together as opposed to getting married. One recent estimate was that there are 3.3 million cohabiting couples in the United Kingdom and that 20% of all families are co-habitees. Many of them see themselves as “common law spouses” and assume that the law will protect them on that basis should the relationship end.

This is far from the case.

What rights do you have?

For yourself, in fact, very few.

If the family home is in joint names, you may be able to force a sale, but you won’t be able to if it is just in your partner’s name. If you have dependent children, and if the children live with you, you will be able to claim child support.

You might also be able to bring a claim under Schedule 1 Children Act for expenses relating to the children – this can include provision of a home (if the other parent can afford it) but if so, the home reverts to the provider once the children finish secondary education.

What rights don’t you have?

 You are unable to apply to the Family Court with its wide discretionary powers to divide assets (whoever they belong to) fairly. If you are not on the deeds, you will usually have no claim against the family home (or to stay in it), even if you have invested in it.

You will have no claim against any of the assets/savings of your former partner. You will have no pension claims and no claim for maintenance, even if you agreed to give up work to look after the children.

Unless you have been living together for at least two years immediately prior to death, you are unlikely to have any claim against the estate of your partner should she or he die.

What can you do to protect yourself?

Consider a cohabitation agreement.

This is effectively a contract between you setting out your joint intentions about your respective finances. You should get legal advice before agreeing the terms of such an agreement.

A declaration of trust can deal with the family home or any other properties either of you might own. This will cover how and when any property will be sold and how the net proceeds of sale will be distributed.

A Will covers the situation on death and not upon separation, but it is vital if you are living with someone. Otherwise, the survivor can be left homeless and assetless. A Will can enable rights to be granted over the deceased’s house to allow the survivor to continue to live in the family home (this may be necessary even if the house is on joint names).

Again, legal advice is essential when making a Will.

DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.