Un-married property disputes
Millions of people currently cohabit in England and Wales, and the numbers are likely to rise. Most people do not appreciate that at present cohabiting couples do not have any financial obligations towards each other. In fact, no matter how long they have been together, cohabiting couples currently have no legal obligations towards each other arising simply from their shared life together.
Cohabiting couples may create legal obligations towards one another in other ways, but they never automatically become financially responsible for each other in the way that married people do. Although a Law Commission Report has suggested that legislation be introduced to provide some cohabiting couples with greater financial security on separation, the Law Commission’s recommendations have not yet been accepted, and will, in any event, take a number of years to implement.
So for some years to come it is likely that cohabiters whose relationship comes to an end will have to continue to manoeuvre their way through a patchwork of legal rules, most of which were not designed for, and are not suited to what are essentially Family relationships.
Disputes can be avoided by entering into a co-habitation agreement or if marriage is contemplated at a later date a pre-nuptial agreement.
If a relationship of a cohabiting couple breaks down the only legal claims arising may be as follows:
- In respect of the Family home - the court will need to consider how the property is legally owned between the cohabiting couple
- Child support - an application can be made to the Child Support Agency
- Claims for additional support for children under Children Act 1989.
