Unmarried Couples

Contrary to popular belief unmarried couples have very little protection under current English law - the concept of “common-law” husband and wife is not recognized by the family courts when it comes to disputes about money. Couples are treated no differently from a brother and sister or two friends living together. This means that generally, in the absence of detailed documentation, unmarried couples have few financial claims against each other.

Even couples with children are not much better off. In cases where there are sufficient assets it is possible to ask that housing is provided for a child in addition to income but there is not a separate right to ask for income to support a parent.

Most disputes arise over the ownership of a couples’ home. Applications to court must rely upon trust law and can be complex and costly. Where one person believes that the legal ownership of the property is not accurately reflected in the title deeds they will usually have to prove actual financial contributions to the property and the intent that the legal ownership be shared differently. However, the House of Lords recently gave a judgment which indicates the way in which the law in this area should be applied by the courts. This may well assist future cases. The most sensible way forward is to have the property valued and to negotiate a formula for the calculation of the respective shares in the property. We are well placed to assist you in this process.

Some unmarried couples enter into “living together agreements” which set out what the couple will do in the event that they separate. These agreements are not binding but do give a clear indication of the couple’s intentions which can be very useful.

There are certain other legal steps that couples can take to protect each other. Please ask us for further details.

There has been some discussion as to whether the law is likely to change in the near future.

Rayden solicitors support the efforts of Resolution in pushing forward a private members bill in this regard.  In any event it is important to be aware of the extent of financial claims (if any) available to you. The rights are unlikely to be as extensive as those enjoyed by married couples but will significantly alter the law in this area.