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The UK's premier resource on divorce & separation

 

Living together

There is no such thing as a "common law marriage".  If you live with someone, the basic rule is that you have no legal rights against them or responsibilities to them. 

However, if you have made financial contributions to a property, or have a child together, things are not quite so clear cut.

Currently, the rights of people living together outside marriage or civil partnership are concentrated in two areas:
  • property law in relation to shared homes; and
  • the Children Act 1989, schedule I, and the Child Support Act 1989 in relation to provision for children.
There is no right to any kind of ongoing financial support, except for children, after the end of a cohabiting relationship.

In July 2007 the Law Commission released proposals for reform of the law in this area. These would give couples who have lived together limited rights in certain circumstances:  those who have lived as partners for some significant duration of time, or those who have a child, would be able to apply to court.

If they had been put at a disadvantage by the relationship, or if the other party had gained some unfair advantage, they could ask for a lump sum or some adjustment of property interests from the other party.

The proposals are complex and are unlikely to become law for several years. They can be found on the Law Commission's website here

Downloads

The following downloads provide further useful guidance.

Financial support for children of unmarried parents
download mp3 PDF

Living together - who owns what?
download mp3 PDF

Cohabitation: property rights
download mp3 PDF