Do unmarried couples have any rights?
In England & Wales, the legal rights of unmarried couples living together differ significantly compared to married couples or civil partners. The law treats unmarried couples as separate individuals rather than a couple.
Unmarried couples have no automatic inheritance rights or claims to their partner’s pension on death. Therefore, if one partner dies without a Will, the surviving partner has no automatic right to inherit their estate. An unmarried partner is not automatically considered next-of-kin in medical situations.
Even if an unmarried couple live together in a home owned by one party, the other party does not automatically have rights to that property.
An unmarried partner does not have any claim for maintenance for themselves. They may however claim child maintenance if they have children together.
An unmarried father will only have parental responsibility if he is named on the birth certificate.
What is a common law partner?
A common law partner is a term to describe two people who live together as a couple in a long-term relationship, but are not legally married or in a civil partnership.
Despite popular belief, common law partner or common law marriage is not legally recognised, regardless of how long a couple has lived together. Couples who live together without being married or in a civil partnership are legally referred to as “cohabitants” or “cohabitees”. They have very limited legal rights compared to married couples or those in civil partnerships especially in terms of financial claims if the relationship ends. If an unmarried couple want similar legal protection, they either need to get married or become civil partners.
Alternatively, they could enter into a Cohabitation Agreement to protect their interests.
Who gets the house when an unmarried couple split?
Unless the house is jointly owned, a non-owning cohabiting partner does not have any automatic rights to a share of the property.
If only one partner is listed on the title deeds as the legal owner, that person will generally get the house when a couple splits up. However, there are some exceptions such as where a non-owning cohabiting partner can prove that they have acquired an interest in the property.
An interest could be acquired if they made financial contributions to the property, or if a cohabiting partner can show there was a shared intention that they would receive a financial interest in the property.
What financial contributions would entitle me to an interest in my partner’s property?
Financial contributions include:
- Monies contributed towards the purchase price of the property.
- Mortgage payments.
- Major home improvements or renovation costs.
- Property maintenance and any other financial contributions that enhances the property’s value. This does not include maintenance for normal wear and tear.
I paid the deposit for a flat in my ex’s sole name – we were not married; what can I do?
If you were unmarried and the property is solely owned by your ex-partner, you have a right to claim an equitable interest in the property.
The options are as follows:
- You could ask your ex to voluntarily sell the property and repay you your share of the equity.
- You could ask your ex to add your name to the property ownership through a process called ‘transfer of equity’. This would transfer the property into your joint names and you would be legal co-owners.
- If your ex refuses to add your name, or sell the property, you could claim an equitable interest in the property and seek a Court Order to sell the property and repay your share. Your claim would be based on your financial contributions towards the property.
What are the ways an unmarried couple can jointly own a property?
In the UK, there are two ways to jointly own a property with a partner or spouse – either as Joint Tenants or Tenants in Common.
As Joint Tenants the couple together own the entire property. If one person dies, the other automatically inherits the property. With a Joint Tenancy you cannot pass on your ownership of the property to others in your Will.
As Tenants in Common each person owns a specific share of the property, which can be an equal or unequal split. An unequal split could occur if one party invested more in the purchase of the property. If one person dies, their share of the property does not go to the other owner, but is passed to whoever they wish as specified in their Will.
Joint ownership does not only occur within an intimate relationship such as unmarried couples; it can also occur between friends or family members.
Are unmarried couples entitled to half?
If the property is jointly owned, the ownership amount depends on how the property is jointly owned.
If it is held as Joint Tenants, each owner will be entitled to 50% of the property, regardless of contributions.
If the property is held as Tenants in Common each owner will be entitled to an amount based on their contributions, which may be unequal shares.
If only one partner owns the property, the non-owning cohabiting partner has no automatic right to a share, even if they have lived there for many years.
What rights do unmarried couples have if one partner dies?
In England and Wales the rights of unmarried couples are significantly different to the legal rights of married couples or civil partners when one partner dies.
If a partner dies without a will, the surviving unmarried partner will not inherit anything under intestacy rules.
Unless the deceased unmarried partner made specific arrangements in their will, the surviving partner has no automatic right to receive an interest or stay in their shared home, if it is owned solely by their ex-partner.
Unmarried partners generally have no automatic rights to their deceased partner’s pension or life insurance benefits unless specifically named as beneficiaries.
Unmarried couples cannot inherit their partner’s state pension, unlike married couples or civil partners.
Can I register a Home Rights Notice if I am not married?
Unless you are married or in a civil partnership, you cannot register a Home Rights Notice. Home Rights Notices are designed to protect the rights of a non-owning spouse or civil partner to live in the family home.
An unmarried person has limited rights to a property in their partner’s sole name, unless they can prove an interest in the property through financial contributions, or a written agreement.
How can the rights of unmarried couples be protected?
Apart from getting married or entering into a civil partnership, the only way for unmarried couples to gain legal protection in the event of a break-up is to enter into a Cohabitation Agreement. An agreement (sometimes called a living together agreement) can grant cohabiting couples legal protection, allowing them to legally define and protect their share of the property, and other financial matters in the event they decide to end the relationship.
What can a Cohabitation Agreement include?
A Cohabitation Agreement can include a wide range of provisions related to financial and property matters to protect the rights of married couples. This include:
- Ownership of property, and how it will be divided in the event of a split.
- Record the payment of any deposit on the home.
- What share of the mortgage or rent you will pay?
- How household bills will be dealt with
- Bank accounts and money
- Life insurance
- Pensions
- Assets such as cars, furniture, other property, jewellery
- Payment of debts
- Pets
- Next of kin rights
- Outline a process for resolving any disputes that may arise between the parties.
- Set out the circumstances under which the agreement will terminate, such as marriage, civil partnership, or the end of cohabitation.