My mate down the pub said...
Rebecca Bell - Family Law Partner
For advice on co-habitation agreements or any other aspect of matrimonial law contact me on 01580 762248 or email info@pengelly-rylands.co.uk.
This is a common opening sentence (or variations on this theme) from people who come to see us for advice on family law matters. This “mate” is prone to say all manner of things, one favourite being the myth of the common law wife/husband. The view often held is that after a period of six months to two years (it can vary) a co-habiting couple share all their assets equally on separation.
This is not the case. If one party moves into the home owned by the other, that party has no automatic right to a share of the property on separation. Many people don’t realise this and the result can be a protracted court battle in which the non-owning party seeks to establish some rights on the basis that he/she has invested money in the property in some way. The other party then does his or her best to show why this claim is unfounded.
Hostility and high legal costs can be the result and therefore we would suggest that everyone considering this type of move should think about entering into a co-habitation agreement at the start of the period of co-habitation. Entering into such an agreement does not exactly present a romantic image but the reality of the situation is that, should the relationship end, a co-habitation agreement is likely to make the break-up easier to deal with from a legal point of view. If the agreement is never needed, then so much the better.
In these days of increasing co-habitation, it is surely in the best interests of all parties seeking to start a life together that they are fully appraised of their legal position. This issue is currently being debated in Parliament and it may be that, in time, co habitating couples will enjoy the same rights as those who have chosen to marry or enter into a civil partnership but, until then, to provide a greater degree of certainty, a co-habitation agreement is helpful.
Published September 2009
