The myth of the common law marriage
By Philip Way
Couples who are neither married nor in a civil partnership often believe that they have the same rights as married people. There is a widespread belief in the concept of ‘common law marriage’, which couples think will protect them when they buy property together. There is also an assumption that the law provides a ‘fair’ financial remedy if a cohabiting relationship breaks down. These beliefs are incorrect.
Common law marriage does not exist and couples do not have the same rights as married people, nor do the courts have powers to reallocate assets (as they can on divorce) even if a property is involved. Couples must therefore carefully consider and appropriately document their intentions regarding the sale proceeds of a home in which they cohabit.
The information below explains the ways in which a cohabiting couple’s property ownership may be determined following relationship breakdown…
Click on the link below to read the rest of the Mills & Reeve briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why