Cohabitees

Heterosexual couples who live together often assume that they have the same rights as married couples, subscribing to the view that they are a “common law” wife or husband.  They do not.  Many people only discover their true lack of position and lack of protection in difficult or tragic circumstances.  Whilst the law has recently changed for same sex couples no corresponding provisions have been made for unmarried heterosexual couples. 

On the breakdown of the relationship the Court has no power to make orders for maintenance in favour of one party or another and often the family home is registered in one party’s sole name. 

The Court can only deal with financial interest in the property under strict land law principles which can lead to highly unsatisfactory outcomes.  It is therefore even more important if you are in this situation that you obtain advice about your rights.