The Myth of the Common Law Wife

Another common misconception among the general public is that over time you will acquire rights over your partners property after perhaps two or three or five years of living together.

Many clients are shocked to learn when the relationship breaks down that they in fact have no automatic right or interest in the property in which they have been living for the last number of years as it is registered in their former partners name. In fact not only do they not have an interest in it but they are not entitled to continue living there against their partners wishes and whilst they may be able to establish an interest if they can prove that they were contributing significantly to the upkeep of the property during that time, that may not amount to an equal share.

Its not all doom and gloom as unmarried couples do have a distinct advantage over married couples in that they can, under the right conditions, enter into a legally binding agreement governing their property in the event of a separation. Whilst married couples may seek to achieve something similar by enter into pre nuptial agreements, these are not currently binding although they will be given due consideration.

It is also vitally important that unmarried couples make a will stating who they wish to leave their property to on their death because there are no inheritance rights created simply by living together over a period of time and your house or other property may pass to your next of kin instead of your partner against your wishes.

If you are thinking of moving in with your partner or you are already doing so and would like more advice about a cohabitation agreement or a will, call us on 028 87724333 or visit www.fgpatton.co.uk to arrange a free consultation.