The law on cohabitation in the UK can be hard to understand and figure. Today’s we’ve put together a blog for you to understand the laws surround cohabitating when it comes to your possessions, children and property.
It’s important for these laws to be understood so that you and your partner know exactly where you stand in the eyes of the law.
Firstly, it’s important to understand that just because you are your partner are living together, it doesn’t mean you have to financially support each other. Also, your partner has no claim or right to any of your possessions of money.
So bearing that it minds, any money or possessions that were previously yours, remain yours. Anything you buy with your money remains yours. Anything given as a gift is also yours. However, if you and your partner have purchase something together – you both own it, according to the percentage of the prices paid to the item.
Having a cohabitation agreement written out can save lots of time and money if anything goes wrong. This agreement will set out you can both contribute to a joint account, or how you plan to pay for or split possessions that you both buy.
When it comes to children, if the couple aren’t married then the legal right of guardianship goes admiralty to the mother. The father only has claim to guardianship if he is named on the birth certificate after 2003, if he is registered as a legal guardian, or he is a legal guardianship court order with the children’s mother.
If a cohabiting couple split, the parent whom the children will live with needs to be decided as well as the amount of contact and child maintenance that may need to be paid.
When it comes to your home, you must bear in mind that if your partner moves in, it doesn’t give them a claim to the property. If the house is rented, then the named legal tenant will remain you.
Also, bear in mind that you may need to seek your landlord’s permission for your partner to move in. if anything does go wrong then as the named tenant can ask you can ask your partner to leave at any time.
The same applies to any owned property. This can only change if the owner legally in writing states that the partner owns a share of it, or if they finically contribute to the property.
Making a cohabitation agreement is the best thing to do for cohabiting couples, and can be done through any solicitors.
For information around Making a cohabitation agreement please call us on 0116 2999 199 or alternatively you can email us at firstname.lastname@example.org