The modern family in the UK is changing. The last census showed that the ‘Cohabiting Couple Family’ is the fastest growing type of family in the UK, growing by 29.7% between 2004 and 2014.
Many people choose not to marry as they don’t feel the need to formalise their relationship. Sometimes they simply don’t want the cost of a lavish wedding, or maybe the hassle of deciding whether they should invite that Uncle which Mum doesn’t speak to anymore.
Whatever the reason a couple takes for not marrying, there is often a reliance on the concept that as they have been in a committed relationship for a number of years a couple are in a ‘Common Law Marriage’ and that their partner is their ‘Common Law Husband or Wife’. This concept is a myth.
I pay towards the mortgage, therefore I own the property, right?
Wrong. The risk arising from this common law marriage myth is that people get confused about their rights to property. There is no specific law that protects the weaker financial party following a breakdown in a relationship, the weaker party tending to be the one which does not own the property, despite what they may have contributed towards it.
There are laws available which move in this direction, but they are extremely complex and it is not a simple case of saying ‘well I pay towards the mortgage therefore I own the property right?’. Upsettingly for some they can often discover they have no interest and an uncertain financial future ahead of them.
The effects can be felt more so by women who, statistically are the lower earners. At the end of a relationship this has a greater financial impact on them.
This is not a call to rush down the aisle or get down on one knee.
If you are buying a property together and are not married you need to acquire legal advice. Being aware of what can happen if the relationship ends is essential. Protecting your financial interest may not seem romantic, but can help avoid expensive disputes in the future. At the least you can be made aware of where you stand legally, and if required cohabitation agreements can be drafted and prepared to help give you peace of mind.
What’s the alternative?
If you’re already in a situation of relationship breakdown where you were part of a cohabiting couple there are other options. The law of trusts (Trust of Land and Appointment of Trustees Act 1996 – TOLATA) can help a person establish an interest in a property if they are not legal owners but this will require a full discussion with a specialist solicitor. Alternatively, Schedule 1 of the Children Act 1989 can also be used to ensure financial security when there are children involved.
Should you need help or advice in relation to any of the above please do not hesitate to contact one of our specially trained family law solicitors who can help you prepare for that next step, whatever it may be: 029 2047 5100.