For many couples in the UK, marriage is not their preferred choice when it comes to building a life together. According to recent statistics, the number of unmarried couples cohabiting has steadily risen over the years and whilst this reflects changing societal norms, it also brings important legal questions, especially around property rights. Th=his is something we help with regularly at Hampshire Mediation.
This article explores the property rights of unmarried couples in the UK, helping you understand the potential pitfalls and how to safeguard your interests.
The Common-Law Marriage Myth
A widespread misconception is that unmarried couples who live together are automatically entitled to the same rights as married couples after a certain period. This is often referred to as “common-law marriage.” However, in the UK, there is no such thing as common-law marriage. Cohabiting partners do not have automatic property rights or legal protections akin to those of married couples or civil partners.
Property Ownership for Unmarried Couples
1. Joint Tenancy vs. Tenancy in Common
When purchasing a property together, unmarried couples can choose between two types of ownership:
- Joint Tenancy: Both parties own the property equally, regardless of how much each contributes financially. If one partner dies, the other automatically inherits the property.
- Tenancy in Common: Ownership is divided according to shares, which can reflect the financial contribution of each party. This arrangement allows also allows each of the partners to specify in a will who should inherit their share of the property should they die.
Choosing the right form of ownership is critical. Without a clear agreement, disputes can arise if the relationship ends or if one partner passes away.
2. Sole Ownership
If the property is in one partner’s name only, the other partner has no automatic legal right to it. However, the non-owning partner may claim a beneficial interest in the property if they can prove:
- They contributed financially (e.g., paying towards the mortgage or significant renovations).
- There was a clear intention to share ownership.
Such claims can be complex, requiring substantial evidence and often leading to court proceedings. At Hampshire Mediation we often discuss these issues but they are complicated and if you find yourself in this situation, you would be wise to seek legal advice.
What Happens When Relationships End?
For married couples, property and assets are typically divided equitably during a divorce in such a way as to meet the needs of both parties and of any children. Our family mediation sessions often consist largely of discussions along those lines.
For unmarried couples, however, the situation is starkly different. Unless both names are on the title deeds or a legally binding agreement (such as a cohabitation agreement) is in place, the non-owning partner may struggle to claim a share of the property.
Key considerations include:
- Financial Contributions: Courts may consider direct financial contributions, such as paying part of the mortgage, but rarely non-financial contributions like childcare or household management.
- Children’s Welfare: If children are involved, the non-owning parent may be granted rights to stay in the property temporarily, especially if it is deemed in the children’s best interest under the Children Act 1989.
How to Protect Your Interests
Unmarried couples can take proactive steps to safeguard their property rights:
- Cohabitation Agreement: This legally binding document outlines how assets will be divided if the relationship ends. It can include property, savings and other shared assets.
- Declaration of Trust: This document specifies each partner’s share in a property. It is particularly useful for tenancy in common arrangements, ensuring clarity about ownership proportions.
- Wills: Unlike married couples, cohabiting partners do not automatically inherit each other’s assets. Writing a will ensures that your partner inherits your share of the property or other assets on your death.
- Seek Legal Advice: Property law can be complex and it is important to remember that your family mediator will not offer legal advice. Consulting a solicitor who specialises in family or property law can help ensure that your arrangements are legally sound.
Conclusion
The rise in cohabitation among unmarried couples highlights the importance of understanding property rights and at Hampshire Mediation we hope that the law will be changed to make things fairer and to address the existing issues. However, there is no sign of it at the moment.
Without the legal protections afforded to married couples, it’s essential to take proactive steps to clarify ownership and protect your interests. Whether it’s drafting a cohabitation agreement, specifying ownership shares through a declaration of trust, or simply understanding the legal landscape, informed decisions today can prevent disputes tomorrow.
Family mediation can help in resolving issues and at Hampshire Mediation we specialise in that kind of work, but it is better by far to have your interests legally protected from the start.
