According to the Office for National Statistics, cohabiting couples are the fastest-growing family type in the UK, increasing from around 1.5 million in 1996 to around 3.6 million in 2021.
There is a widespread misconception that cohabitees have the same financial claims as married couples or civil partners, often referred to as the “common law marriage” myth.
However, cohabitees do not have automatic legal claims to property, pensions, or finances in the event of a breakup, experts have warned – irrespective of the relationship’s length or whether they have children.
Paige Gibbons, solicitor at Rayden Solicitors, offers her advice to those who may not know they are at risk.
The top risks facing unmarried couples
No automatic property rights
If one partner owns the home, the other has no legal claim to it, regardless of contributions. Without a clear legal agreement, the non-owner could be left without a place to live.
No entitlement to financial claims
If an individual moves in with their partner without getting married or entering a civil partnership, they will not have any legal claim to their income or pension by virtue of their status as a cohabitee.
No next-of-kin status
Cohabitants will not be treated as next of kin for their partners in the event of medical emergencies or death unless there is a written agreement in place beforehand.
This means they do not have an automatic right to have updates on their medical status or visit their partner in the hospital.
Ms Gibbons explained: “There is a widespread misconception that cohabitees have the same financial claims as married couples or civil partners.
“If you move in with your partner without getting married or entering a civil partnership, you will not have any legal claim to their income or pension by virtue of your status as a cohabitee.
“Only in some circumstances will you have a valid claim against a property held by your partner in their sole name.
“These claims are governed by civil laws rather than family laws and can be a costly and lengthy exercise should a claim need to be made at some point down the line.”
How cohabiting couples can protect themselves
Create a cohabitation agreement
A cohabitation agreement is a legal document between unmarried couples living together, and a sensible solution in protecting both parties’ intentions and interests when it comes to arrangements for property, as well as finances and children, in the event of a relationship break, illness or death.
Write a will
A will should also be considered alongside a cohabitation agreement to ensure that both documents are enforceable and provide the protection sought.
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Review property ownership
If a couple holds the property as joint tenants and one of them dies, the other will automatically inherit the property. This cannot be changed by a will.
If they hold the property as tenants in common, each owns a share in the property either equally or with one party owning a larger share.
If one dies, the other does not automatically inherit the other’s share unless this has been left to them in a will.
