Cohabitation
Cohabitation is where two people live together as if they were married. People considering cohabitation should carefully consider their legal rights and responsibilities as they can often become complex when property or children are involved. Detailed below are Frequently Asked Questions (FAQ’s) for this area of law.
Q. Who is a cohabitee?
Cohabitees are people who live together but are not married to each other which was traditionally referred to as "common law man and wife". However, English Law no longer recognises "common law marriage" which means that a man and woman cannot acquire full legal rights and responsibilities simply by living together even if they stay together happily throughout their lives.
There are many other circumstances in which cohabitees might need to look carefully at their legal rights and responsibilities, such as when there are children in a relationship or when elderly brothers and sisters share a home with each other late in life.
Q. Should I make a cohabitation agreement before I live with my partner?
Clarkes can advise you on all legal aspects regarding cohabitation particularly financial issues before you start living with someone. We can discuss with you whether a cohabitation agreement should be drawn up and advise you of any rights that you may have to property or other assets.
Q. I have left my partner, what are my rights?
If a relationship breaks down and you are not married there may be many things which need to be resolved. For example, what happens about the house which you may jointly own and have lived in for some time.
Recent changes in the law need to be fully considered, particularly for those in same-gender civil partnerships. At Clarkes we will provide up-to-date legal advice and explain the laws that affect you in your particular circumstances.
Q. I live with my partner, do I need to make a Will?
Everyone should make a Will. If you live with someone you may wish for that person to be provided for in the event of your death. Generally, you will only share in the estate of a deceased cohabitee if a suitable Will has been made which can even include the right to remain in the same house. If you have not planned carefully there can be real financial difficulties for the surviving cohabitee.
Q. How much will it cost to make a Will?
Clarkes will provide full details provide full details of costs and how these are calculated at the first meeting before any legal work is undertaken. You may be eligible for Legal Aid with your expenses paid from public funds.
Alternatively, we will provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. We will also discuss payment plans with and outline ways to pay your legal expenses over a number of months by instalments. You will of course be kept fully informed in writing of how much work has been carried out and how much more is likely to be out and how much more is likely to be necessary.
For expert legal help and advice on Cohabitation contact a member of our Family Law team or call Clarkes on 01952 291666.
