Loading...

Common Law Marriage – Myth or Fact

For some time, questions have circulated around whether or not a cohabiting couple have the same financial rights upon separation to that of a married couple and whether the length of the relationship can equate to what is often referred to as the “common law marriage”. Is this factual and legal terminology or merely a myth that has given rise to much confusion and uncertainty over the years.

The reality of the situation is very clear and quite simple. The ideology of a common law marriage is indeed a myth and a cohabiting couple, however long they have been together have no more rights than two people who are merely associates, friends or even strangers. More so therefore, is the need to ensure that if one is cohabiting, to protect your financial position as best as you possibly can. So how can this be done? Is there a way around this situation? The simple answer is – yes!

Taking the scenario where one person is living in the home that is in the sole name of the other. How does one ensure that in the event of the relationship coming to an end they are not evicted from their family home. The starting point is to have a clear, transparent, and open discussion with your partner. It is always advisable to set out your concerns and from there, in most cases, you will be able to ascertain a degree of certainty.

Secondly, document any common intention you reach with your partner. For example, if it the common intention is that the party who is unnamed on the title deeds is to have an interest in such property, then set this out in writing; whether this be by way of cohabitation agreement or statutory documentation – it’s always best to confirm this in some written form. Whilst a verbal agreement is considered binding by law, this could be a grey area in any future potential dispute so ultimately nothing can be clearer and more transparent than if it is set out in writing.

What happens if you can’t reach an agreement?

Then you need to seriously consider the situation clearly and whether you could find yourself in a vulnerable position in the future. Ask yourself whether any savings you have should be invested into your partner’s property, or whether you should keep this for a rainy day. Perhaps invest in a property of your own, funds permitting. The choice is yours; but the most important point to take away from this is that you could be at risk in the future should you not make appropriate provisions to ensure that your financial position is protected.

We pride ourselves on being friendly and approachable so if you need advice from one of our friendly solicitors, please do get in touch by calling 0208 889 3319 or via one of the options below.

The first introductory call is free and enables you to outline your circumstances and for us to explain how we can help. Our team are friendly and approachable and are always happy to answer your questions.

If you have a question about our services, please use our online form to send us an email.

If you need to speak with someone you will always receive a friendly welcome if you telephone between the hours of 9am-5pm but if we are closed, you can  request a callback. We will call you back as near to your requested time as possible.

Related Posts

Grandparents Rights: Do Grandparents have a right to see Grandchildren?

Grandparents Rights: Do Grandparents have a right to see Grandchildren? For most grandparents, grandchildren are a blessing to be loved and cherished, for children, grandparents are an extremely important part of their life. Extended family that can help to build, [...]

2023-07-31T17:27:57+01:00
Go to Top