In today’s modern society there are numerous couples that live together ‘as man and wife’ but are not actually married.  However, despite the fact that many people believe that there is such a thing as common law marriage this is completely untrue.  This does not exist in law.  As yet, cohabitating couples do not have the same or similar rights as those of married couples, or those who have entered a civil partnership, should their relationship break down.  Indeed, they have significantly less rights.

If you are living together as a couple, or contemplating the same, then there are a number of actions you can take in order to protect yourself and your partner.  These are as follows:

1 – Consider how any property you own is held.  Most cohabitee disputes relate to how property is owned.  Therefore legal advice should be taken upon purchasing a property as there are a number of different ways it can be held.  If you decide to own property jointly as joint tenants then the right of survivorship will apply should either party die but this is not the case if you own the property as tenants in common.

2 –  Make a will.  In law a cohabitee is not classed as next of kin. Therefore it is important to make a will to ensure that any property or personal items are passed to the person of your choice in the event of your death.

3 – Entering into a cohabitation agreement – In the event that the relationship breaks down a cohabitation agreement can define how property and assets should be divided.  Whilst such agreements are not legally binding they assist the court by showing the court what the intentions of the parties were at the time the agreement was entered into.

By attending to the above when commencing cohabitation you can minimise any potential problems in the event that your relationship breaks down.

Get in touch

If you would like to know more about how our tailored services can best suit your needs, do not hesitate to get in touch. Although based in Greater Manchester, we can provide high-quality legal assistance to those who need it around the UK. Call us today on 0161 928 3848, or fill in the online contact form.

Testimonials

Read All >

Michaela went out of her way to make time to see me, gave very good advice and answered any questions I had. Always returned my phone calls and emails promptly. Thank you

Mrs K

Wonderful service provided by Helen Green – very thorough knowledge. I am extremely satisfied as I was helped through a difficult time when I was uncertain how to go forward.

Mrs C

Hassle free service, just give them the facts they require – let them get on with it – Simples

Mr C

Malcolm, I really appreciate what you have done and can’t thank you enough with how you have dealt with this! We’ll fill in the attached customer satisfaction form and reflect how impressed and pleased we are.

Mr P

Very happy to have come here, especially dealing with Helen Green

Mrs L

Thanks for the work of your staff led by Maria. I would like to highlight the contribution of Nadya & Leona in these transactions. While Maria is often the one in the sunshine so to speak, it is through the background work performed by these two that allows this to happen.

Mr S

I have been completely satisfied with help given by Helen and feel that my affairs are now in safe hands.

Mr G

I would like to thank Charlotte for being so friendly and helpful.

Mrs A

Everything was great Michaela. Thanks!

Mr P

I would like to praise Adam Cohen with the way he has looked after both me and my wife. He has been very thorough and helpful with us.

Mr & Mrs C

A very professional and friendly service from Helen using clear plain English that is easily understood.

Mr B

Excellent, friendly service from Helen Green. Very happy with the outcome.

Mr O

Contact Us