Couples who live together are sometimes referred to as common law partners. However, this is simply another way of saying that a couple are living together, or, cohabiting, and have not taken the step of legalising their relationship by getting married or entering a civil partnership. But what rights do common law partners have and what are they entitled to if the relationship breaks down? This article looks at these issues and more.
Couples who live together are sometimes referred to as common law partners. However, this is simply another way of saying that a couple are living together, or, cohabiting, and have not taken the step of legalising their relationship by getting married or entering a civil partnership. But what rights do common law partners have and what are they entitled to if the relationship breaks down? This article looks at these issues and more.
What is a common law partner?
There is no legal definition of a common law partner. This means couples who live together are not automatically granted the same rights and protections as married couples or those in a civil partnership, particularly in relation to financial support or property ownership.
What is the difference between common law partner and civil partner?
Living together means cohabiting with your partner without being in a civil partnership or marriage. A civil partnership is a legal relationship which can be registered by two people who are not related to one another. Registering a civil partnership gives a relationship legal recognition, whereas living with someone, no matter whether this is of long or short duration, confers limited rights over property and finances.
If you are living with your partner and want to set down your unmarried couples rights, you can make an official agreement that will be recognised by the court. This is known as a living together agreement or cohabitation contract and can set out things like shared responsibility for your children, ownership of property you live in, and ownership of jointly owned possessions.
Banking and living together
If you are living with your partner and both have separate bank accounts, neither of you can access the funds held in the other’s account. Here, if one of you dies, the balance will become the property of the deceased’s estate and cannot be used until this is settled.
If you have a joint bank account with your partner, you both have access to the money in the account. Here, if one party dies, the whole account immediately becomes the property of the surviving partner.
Inheritance and living together
If one party dies without leaving a will, there are rules about how their property will be distributed. The surviving partner will not automatically inherit anything unless the property is registered in both names.
If there is a valid will, the surviving partner inherits according to the terms of the will if it makes provision for them. Ideally, each party should make a will to ensure their partner is provided for according to their wishes.
If property is left to you by your partner, you may have to pay inheritance tax if it is valued over a certain amount. When a civil partner dies, the transfer of property is exempt from inheritance tax. However, it is not exempt if you and are your partner are only living together without being in a civil partnership.
What is a common law partner entitled to?
Money and possessions
Property owned before you started living together remains yours and the person who bought an item generally owns it. An item will be owned jointly if you bought it using a joint account. If you give property to your partner, it will belong to your partner; however, this can be difficult to prove.
If you give your partner housekeeping money, anything purchased with savings from it will probably belong to you. Again, this may be difficult to prove, especially if the savings are mixed with deposits from the other party.
Pensions
The rules of private pension schemes vary, so whether or not you can benefit from a scheme as a common law partner (cohabitee) depends on the scheme. Most offer benefits to dependent children and some will offer benefits to a dependent partner. For clarification, it is sensible to check your pension provider’s terms and conditions. Please note, if you are living together, you cannot claim a state retirement pension based on your partner’s national insurance contributions.
Children
If your relationship ends, neither you nor your partner have a legal responsibility to support the other financially at the end of the relationship. However, you will be legally responsible for supporting a child if you are the child’s biological or adoptive parent.
Financial arrangements for children can be made:
- By coming to a voluntary agreement with your partner (sometimes called a family-based arrangement).
- Through the Child Maintenance Service (CMS); or
- Through the court
Housing
If you live in rented accommodation, one or both of you may be tenants. If your partner leaves, or asks you to leave and you are not named on the tenancy agreement, you generally have no right to stay in the property. This applies whether you live in privately rented or social housing accommodation.
However, there are circumstances where you may be able to ask the court to give you short-term rights to remain in the property or to transfer the tenancy into your sole name. If you find yourself in this position, you should get legal advice.
If your partner is the sole owner of the home you live together in, you may have no rights to stay there if your partner asks you to leave. If there are children involved, the court has the power to order a transfer of the property as part of an overall settlement in order to secure accommodation for the children. This is usually done for a limited period, for example, until the youngest child reaches 18. At this point, you will have to leave the property, perhaps having acquired no financial interest in the property during this time.
If you don’t have children or they are over 18, you may be able to claim a beneficial interest in the property if you can demonstrate you contributed financially, such as by paying for home improvements or towards mortgage payments. If you have a beneficial interest, you may be able to stop the other party from selling it.
If the property is owned in joint names, whether this is equally or in some other share, both parties have a say on what happens to the property and cannot remove the other owner from it if the relationship breaks down unless they have a court order.
Medical consent and next of kin
No one is entitled to give consent to medical treatment for another adult, although in practice, doctors usually discuss decisions with the patient’s family. This should not rule out a partner who lives with you. If a hospital is unable to get consent for medical treatment from a patient because they are unconscious or mentally incapacitated, they may ask for consent from next of kin. There is no legal reason a hospital should not be able to accept you as your partner’s next of kin.
How long do you have to live with your partner to become common law?
As we have previously stated within this article, there is no such thing as common law marriage or common law partner. Therefore, no amount of time living together grants you the legal status of being married or in a civil partnership.
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