Your Rights When You’re Cohabiting
by James P. Outreach & PR ExecutiveQuarantine presented an opportunity to spend more time with
our other halves, with many of us either working from home or having been
furloughed.
While this additional time spent together was a welcome
treat for many who would have otherwise never have got the chance, for some it
was pressure on an already strained relationship.
In reality, it’s easy to ignore the metaphorical elephant in
the room that is your relationship if you don’t see each other or your time
together is limited but enter an effective house arrest together and problems
will undoubtedly arise.
When the relationship does come to an end, as much as you
might not want to, you’ll need to consider the legal implications.
Married couples are often considered worse off when it comes
to breakups, however, cohabitants falling out of a relationship can be just as
complex.
With this in mind, we take a look at the rights of someone
who is cohabiting.
What is cohabiting
Cohabitation is a situation in which two people are living
together unmarried but in a sexual or intimate relationship.
In most cases, as a cohabitant, you’ll have fewer rights
than someone who is in wedlock. Couples who live together are often referred to
as common law partners, but this is just another name for cohabitants.
If you’re wanting to ‘cover your back’ you may wish to get a
living together agreement, otherwise known as a cohabitation agreement—this
should also be accompanied by a declaration of trust, which acts a signifier of
how any property should be shared should the relationship break down.
Money
In terms of bank accounts, things are fairly
self-explanatory. If you and your partner live together and have separate bank
accounts, then the accounts are exactly that—separate. Neither party can gain
access to the other person’s account unless you are named on that account.
If, however, the bank account is in the name of both
partners, then either party can exercise full control over the account unless
stipulated otherwise in the terms of agreement with the bank or building
society.
In regard to debt, you will only be responsible for anything
in your name. For any debts that have been taken out in joint names, however,
you will be liable—as goes for any debts that you have acted as a guarantor.
In effect, if your name hasn’t been used, you won’t be
affected!
However, many couples who aren’t married and cohabiting
choose to share a joint bank account. Generally, each individual has the right
to withdraw from the account any amount that is in the account. Usually, if a
relationship ends, the amount left in the joint account is shared between
partners. If one partner never used the account, whether paying or withdrawing,
they may have trouble claiming any rights to it. Always seek expert advice if
you’re not sure.
Housing
If you aren’t married and your partner is the tenant on a rented
property, you’ll usually not have rights to stay in the house. Because of this,
it is advisable for both parties to get a tenancy agreement, meaning if they do
break up, they have equal rights and responsibilities.
Sole tenancies can be amended to joint tenancies if both the
tenant and the landlord agree, which is one way of preventing the inevitable
headache caused by rental disagreements.
Death
If one cohabiting partner passes away and hasn’t left a
will, then their estate will not automatically be assigned to the other
partner.
If the two partners jointly own a property, then it will be
inherited by the remaining partner.
If you wish to pass your estate on to your cohabitant
partner, then you will need to make a will, otherwise they may not receive your
property. In certain circumstances, if the surviving partner is able to prove
that they will not be able to carry on without additional funds that had not
been included in the will, they may be able to claim from the estate via the
courts.
Children
Regardless of relationship status, when breakups occur,
parents still have to fulfil their duties to their children and act responsibly
towards them.
Both parents are financially responsible and although it is
preferable that some form of informal arrangement be made between the two
parents. If needs be, you can make an application to the court for a child
arrangements order or contact family
law solicitors.
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Created on Nov 27th 2020 03:26. Viewed 212 times.