Living Together
When deciding whether to live together, you and your partner may wish to consider the legal position should the relationship subsequently fail or should one of you die. There are a number of areas which you should consider and these are outlined below.
Property
Property may be jointly owned either as joint tenants or tenants in common. Joint Tenants own the property exclusively and, in the event of a partner’s death, the home automatically passes to the surviving partner. Property held as tenants in common is owned on a proportioned basis and each person may leave their share to whomever they choose, provided a valid Will is in existence.
Tenanted properties may, subject to your rental arrangements, be transferred into sole names irrespective of the original names on the lease, provided that you have lived in the property as 'man and wife'.
Wills
Under the rules of intestacy no provision is made for couples living together. Therefore, in order to ensure that your partner is provided for in the event of your death you need to make a provision in a Will. Any claims against the estate can only be made having proved dependency upon the deceased, whereas a Will enables your intentions to be carried out, hopefully without conflict. See the Wills & Tax Planning page for further information.
Life Insurance
It is important that a couple living together make appropriate life insurance provisions for each other.
Maintenance
Cohabitees are not under a duty to maintain the other in the event of relationship breakdown. Children from such a relationship are entitled to be maintained as a result of an assessment carried out by the Child Support Agency.
Domestic Violence
The law relating to domestic violence offers the same protection irrespective of marital status. Protection may be sought from actual violence or the threat of violence and, provided you have a legal entitlement to a property, the Court may order that your partner be excluded from that property. The law not only prohibits a person from entering your premises but may also exclude them from the surrounding area. Such Orders can include a power of arrest if breached.
Cohabitation Agreement
Such agreements regulate the arrangements of cohabitees both during the period of cohabitation and in the event the relationship should fail. Cohabitees need to consider issues including the ownership of property, joint financial arrangements, the status of any children and issues of parental responsibility.
Parental Responsibility
When a child is born into a non-marital relationship, parental responsibility for children whose birth was registered prior to 1 December 2003, rests solely with the mother. Parental responsibility includes the power to make decisions relating to the child’s health, education, residence and religion, as well as the day-to-day caring for the child.
An unmarried father could only obtain parental responsibility either by subsequently marrying the mother; entering into a formal Parental Responsibility Agreement with the mother; securing a Parental Responsibility Order or Residence Order from the Court.
The Adoption and Children Act 2002 amended the law so far as the issue of parental responsibility is concerned and for those children whose birth was registered on or after 1 December 2003. An unmarried father will automatically share parental responsibility with the mother if he is named as the father on the child’s birth certificate. This change in the law is was intended to reflect the importance that a father has in his child’s life, whether or not he is married to the mother.
