Has your relationship broken down? The property rights of unmarried couples are different in many ways to the rights of married couples and those in civil partnerships. And please remember, there’s no such thing as a common law marriage.
So what are you going to do about:
- your children
Home in joint names
Are you going to sell or is one of you going to buy the other out? But what’s your share? – if you own it in joint names you’re entitled to half of the net sale proceeds. So now’s the time to get some idea of the value from a couple of estate agents.
Declaration of trust
This sets out the shares in which you own the property. But not sure what it means or if it’s valid? Please don’t forget to consult an expert family law solicitor.
A cohabitation agreement is always a good idea, see my post 6 Things you must include in a cohabitation agreement. If you do have one it may set out the shares in which you intend to own the property. But do you own the property as tenants in common with a declaration of trust?
Tenants in common
See my post Shall I buy a house with my partner for a clear explanation of the difference between owning in joint names and owning as tenants in common. But even if you do own the property as tenants in common, is this backed up by a declaration of trust?
Can’t agree a sale or your respective shares
You may have to make an application to Court under the Trust of Land and Appointment of Trustees Act. But save yourself time and money with an out of court settlement. See my recent post How to Avoid Court – Family Mediation, Collaborative Law & Arbitration
Home in sole name
If you live in a property owned by your partner you may have a claim if:
- you contributed to the purchase price (including making mortgage payments) or to the value of the property in money, or money’s worth. For example did you refurbish the property?
- or perhaps your partner said you would always have a roof over your head.
You may have an interest in the property under trust law. But beware, these cases can be expensive and complicated. Try an out of Court approach first.
What about a home for the children?
You can make a claim for financial provision for the children including property or a share of property under Schedule 1 of the Children Act. Here again, try an out of Court approach first.
It all comes down to ownership. If they’re in joint names, you’re entitled to half. If in sole name, they belong to just one of you.
What about debts?
If they’re in joint names, you’re jointly liable. If the debts are in your sole name, you’re solely liable.
You can make an application to the Court under the Family Law Act 1996 to:
- protect you from domestic abuse and
- protect your occupation of your home
Visit the Child Maintenance Options site and find out the best way to agree a family-based arrangement. You and your partner may be able to make your own arrangement about how much child support to pay. Here’s a link to an online child maintenance calculator
But if you can’t agree you’ll need to go through the Child Maintenance Service (and pay a fee). See my blog What are your child maintenance options.
Who are the children going to live with? Who are the children going to see?
Try to agree between yourselves. If you can’t, try an out of Court approach such as:
See my recent blog How to Avoid Court – Family Mediation, Collaborative Law & Arbitration
PR is all the rights and responsibilities of parenthood. For example, to be consulted on matters of education, religion, medical intervention. All mothers have it and unmarried fathers (or fathers not in civil partnerships) if they:
- jointly register the birth of the child with the mother (from 1 December 2003)
- enter into a parental responsibility agreement with the mother
- obtain a parental responsibility order from the Court
Here again, if you can’t agree, an out of Court approach may help.
If your partner has died
You may have a claim under the Inheritance (Provision for Family & Dependants) Act for financial provision from their estate if your partner:
- didn’t make provision for you in their will
- didn’t make sufficient provision, or
- perhaps didn’t make a will at all
What Are The Property Rights of Unmarried Couples?
Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on the question What Are The Property Rights of Unmarried Couples? In this 20 minute session she will review your situation and how you can achieve your objectives.
The topics covered in this blog post What Are The Property Rights of Unmarried Couples? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.
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