Cohabitation and all that….
Many people assume that by living together for a period of time makes them man and wife according to common law. This is not true.
They further assume that after breaking up they are obliged to support one another. This also is not true.
Firstly for there to be a common law marriage there has to be a common law wedding ceremony. That is a form of wedding ceremony which does not create a legal marriage.
A common law marriage creates no legal obligations.
The right to financial support between a couple only arises in a legal marriage, not a common law marriage.
The law separately provides for the financial support of children which arises between parents whether married or not. There is the Child Support Agency which assesses the level of child support payable. There is also a right to claim for further financial provision under schedule 1 of the Children Act 1989. Thirdly rights can arise in a jointly occupied property even if the legal ownership is in one parties name.
So where do people who live together turn when the relationship breaks down and problems arise ? The kind of disputes that arise are usually connected with money and property
Here are some common questions….
Question: My boyfriend and I bought a house together and we have now split up. He says that because I have left and gone back to live with my mother I have no legal claim on the house which we purchased together. What am I to do?
Answer: It is a common myth that when a relationship breaks down and one party leaves the home then that party has abandoned all legal right to it. If the property was purchased in joint names then it will remain in joint names until it is sold or legally transferred to one of the parties. It is vitally important that before any document is signed that you seek legal advice. Most reasonable people will agree between themselves either to sell the property and divide the proceeds equally or if one party wishes to remain in the property, to make a payment to the other of an agreed amount.
Question: My ex-boyfriend has said that I will not get a penny from the house. What shall I do?
Answer: If anybody is behaving unreasonably and refusing to co-operate over the proper division of assets following the breakdown of a relationship then legal advice must be sought. There are remedies available under the Trusts of Land & Appointment of Trustees Act l996 to apply to the Court for the sale of the property or for a declaration as to its ownership or for the payment of a sum of money in lieu of sale.
Question: When we lived in the house we bought a leather suite, a wide screen TV and an antique four poster bed, aren't half of them mine?
Answer: If the contents of the property were purchased for your joint use and benefit then you will have a claim as to half their value. Your could pursue a claim either if you made a financial contribution to the purchase of the items or if the items were purchased for joint use. In a recent case a former mistress won a claim in the High Court to a half share in a yacht worth £172,000 belonging to her married lover, notwithstanding the fact that she had made no financial contribution to the purchase. The Court accepted her evidence that her lover had made representations to her such as referring to the yacht as "our boat" and "your security is your interest in the boat". The court found these representations amounted to an express declaration of trust and awarded her a share of the boat’s value.
Question: My ex-boyfriend says I have got to pay half of his mortgage and other bills. I only work as trainee nurse and cannot afford to make any payments.
Answer: You do not have to pay the mortgage. Whilst your former boyfriend occupies the whole of the property your are able to legally charge him what is known as an occupation rent. The amount of the rent is calculated as equivalent to the amount of the mortgage. The net result is that your boyfriend will continue to pay the mortgage in lieu of paying you any occupational rent. As to the remaining bills on the house for the gas, electricity and telephone etc. your former boyfriend will have to continue to pay them as he continues to enjoy those services.
Question: We have a joint overdraft, but my ex has the cheque book and cards.
Answer: You must close the account as soon as possible. If the bank refuse because of the overdraft then you should take out a loan to repay it immediately, then close the account.
If you don't then you will be responsible for the overdraft if it increases. You can then take proceedings if necessary to recover his share of the debt.
Article written by Michael Pratt, a Fellow of the Institute of Legal Executives since 1983.
Michael is based at the Maghull branch of Maxwell Hodge Solicitors and he is an accredited specialist with “Resolution” (formerly the Solicitors Family Law Association) in the law relating to cohabitation.
To discuss this or any family/relationship matter please contact your most convenient Maxwell Hodge office. Contact information is available by clicking here.
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