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Cohabitation - Agreements And Disputes
Contrary to popular belief, there is no such thing as "common-law" husband and wife. Your rights as cohabitees, should you decided to separate or if one of you dies, are very different to the rights of married couples.
When cohabitees separate, the starting point is often the actual financial contribution made by the parties towards any asset in dispute. The law relating to property disputes is decided by the fundamental principles of property and trust law not by family law and there is much less flexibility than in “divorce law”.
To protect your position, if you are cohabiting or about to cohabit with a partner, it is advisable to enter into a cohabitation agreement. Whilst the Courts have not recognised that cohabitation agreements are enforceable in every case, providing certain contractual conditions are met, it is likely that an agreement would be upheld if there is a subsequent dispute.
Although entering into a cohabitation agreement cannot cover every eventuality, it can provide a framework for identifying joint assets and also those areas where no claims can be made should the relationship break down. This can be particularly important if there is a business, house or other substantial asset which was owned by one party before the cohabitation starts.
When cohabitating you also need to consider what happens if one of you dies. If you have not made a Will, you will not automatically inherit anything from your partner's Will. Under the intestacy law property and assets automatically pass to your closest blood relations.
If your partner has died without leaving a Will, and you have lived with them as a partner for more than two years prior to their death, or if you were being wholly or partly looked after financially by them, you could be eligible to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. Time is of the essence as you must make any claim within six months of the grant of probate / letters of administration.
This is a very complex area of law, and we can advise you on your chances of success and any likely share of the estate. There are no certainties. Claims against the estate are difficult and you should seek legal advice at an early stage.
