Jun 2007 | Click to go back

Living together - but are you protected?

Mrs. Emma Birch is a Family Law Solicitor with Enoch Evans

So you’re living with your boyfriend or girlfriend and share a home and a life together – you’re in good company as two million couples in Britain have chosen to do exactly the same. But what would happen if you were ever to split up? Would you be protected? What are your rights? You’d assume you had a legal entitlement to what was yours wouldn’t you? And surely you couldn’t end up homeless… or could you?

Emma Birch, family law solicitor at Enoch Evans informs us that even if you have been living together for years, even if you have children together, the law of the land ensures that you will not be treated the same as the married couple next door to you who are also going through a break up.

If you are married and are divorcing, you can take some comfort during this painful time from the fact that the law courts will approach the tangled financial issues of your property, lump sums, pensions etc in a fair manner.

However, if you are not married the position is very different. Unmarried partners on the breakdown of a relationship do not enjoy the same level of protection and can find themselves homeless and with no entitlement to a share in property if it is held in their ex-partner’s sole name.

It’s an alarming thought. Take the much-publicised case of Stack –v- Dowden for instance. Mr Stack and Miss Dowden jointly bought a home in Willesden Green. They were unmarried but were living together and had four children. When they split up, Miss Dowden’s understandable view was that as she had paid the majority of money for their jointly owned home, she should get a 65% as opposed to a 50% interest. The case went to the House Of Lords and eventually the Law Lords agreed, but only because of the specific circumstances of this case – not because Miss Dowden had any legal right to getting her ‘fair’ share of the house.

Moving in with a partner is a very exciting time. But if you’re about to take the plunge, it really is vitally important that you spend a small amount of time now making sure that you look after yourself. It may not sound very romantic, but a small amount of preparation now could save an awful lot of heartache and financial hardship in the future.

Going to court can be a long, painful and hugely expensive nightmare for unmarried couples splitting up – but it doesn’t need to be that way. If you’re buying a house together and one of you is contributing more (for example a substantial deposit towards the property), it’s essential that you discuss matters now and get your intentions and financial contributions recorded.

Enoch Evans Solicitors in Walsall are very experienced in working with unmarried couples. They can explain your rights in the eyes of the law, and if you choose to do so, help you to draw up Co-Habitation Agreements extremely quickly, easily and with minimum of fuss – leaving you both free to concentrate on all the fun parts of moving in together.

And if you’re already living together (even if you have for many years) you can still record your financial contributions and how your property should be divided if the relationship should ever come to an end.

Choosing to live together is big decision in both of your lives. A little bit of planning ahead is all it takes to give you the best chance of living happily ever after!

For more information call Mrs. Emma Birch at Enoch Evans Solicitors on 01922 720 333, or visit our family law and matrimonial section here.

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