Living together

Think this is unfair?

So do we. That's why Resolution has been campaigning for many years to see the law changed to protect couples living together. Ultimately this depends on the Government of the day being willing to support a change in the law.

See our campaigns pages for more information.

Six out of every ten couples who live together believe that they have the same protection as married couples if they split up. They don't. The myth of common law marriage and the fact that many official bodies refer to people “living together as husband or wife” means that many people who live together are not aware that they have no rights when their relationships end.

The information on this page aims to give answers to some of the common questions that face couples in this situation. For further information, visit AdviceNow's Living Together pages or download our cohabitation factsheet.

What will happen to our children?

Even if you have separated, you both continue to be parents and will want to find an arrangement that suits you and your children. You may find that you and your ex can make an informal arrangement for contact with your children, or you may want to prepare a parenting plan – a framework agreement to help deal with the day-to-day care and needs of children. If you can’t agree you can ask the Court to intervene.

Visit our parenting apart pages for more information.

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Do I have any financial claims against my ex?

Unfortunately the law on couples living together treats them as two unrelated individuals so you don’t have any legal right to claim maintenance for yourself, no matter how long your relationship has been and regardless of any personal or financial sacrifices you have made. Resolution is campaigning for a change in the law on this and you can find out more on our Living Together campaigns page.

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Will our children have any financial rights?

If you have split and you are the main carer for your children, then you are able to claim for child support. This can be done through the Child Maintenance Enforcement Commission if you can’t come to a private agreement between yourselves.

You may also be able to ask for extra lump sum payments for things like school fees and other expenses and needs, including accommodation, as long as you can prove that they’re for the benefit of the children. You may even be entitled to an order allowing you to continue living in the family home. To do any of this you will need specialist legal advice.

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Could I be forced to move out of the family home?

If you own the house jointly then you have a right to carry on living there unless the Court orders one of you to leave. If you’re not a legal owner, you may still have an interest in the house (if you contributed towards the deposit, for example) and may then have a right to occupy until the Court orders one of you to leave or the house to be sold. If you have children, you may be able to remain living there until they finish their education.

Regardless of the situation, you should take specialist legal advice before moving out.

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Our house is in my partner's name. Do I have any rights to it?

If you’ve moved in with someone and the home is in their name then you usually have no right to any share of the money released from selling the home. But, if you’ve put money towards buying the house, have contributed to the mortgage, or if you agreed with your partner that you would have an interest in the house and have since relied on it, then you may have a claim. This can all be difficult and costly to prove so make sure you have a record of any payments or agreements you do make.

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Our house is in both of our names. Does that mean we each get 50 percent even if we paid unequal amounts?

Usually, but unfortunately not always. If the title deeds spell out what share each of you owns, then that is what you usually get, regardless of what you paid in. If the title deeds don’t spell this out and you can prove there was an agreement before you bought the house about who owns how much, then that will be conclusive.

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What happens to the house if my partner dies?

If you own the house as “beneficial joint tenants” (i.e. you jointly own the whole property) then the house will automatically pass to you if your partner dies.

If you are “tenants in common” (i.e. you each own a share of the house, which may be an equal share) or if it is in your partner’s name, you won’t automatically get any part of their estate. It depends whether your partner makes a will leaving you their share of the house or part of their estate. If your partner does not make a will their estate will be distributed to family members, but not to you.

If you are left with nothing, you could make a claim if you’ve been living together for two years or more at the date of death, or if you have been maintained by your partner.