Cohabitation
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.
- 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 ? A good family lawyer, with experience and a sympathetic ear is a good start.
Here are some common questions….
“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?”
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.
“My ex-boyfriend has said that our house is his and I will not get a penny. What shall I do?”
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. Such a claim will depend on the understanding you had about the true ownership of the house and not just what is written in the deeds
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.
|
