Cohabiting Couples
Financial Matters:
If you and your ex-partner had a legal agreement together outlining how assets, finances, and responsibilities would be managed in the event of a separation, a court may also be able to enforce this.
TOLATA is a complex piece of legislation and it’s not always easy to understand what it outlines and the caselaw surrounding it; however, at Fard Solicitors, our solicitors are well informed regarding the intricacies of the law and how to help you in the best way possible.
FAQ's
No, the law does not provide the same legal rights to cohabiting couples. Cohabiting couples do not have an automatic entitlement to financial support or property division and each partner retains ownership of their individual assets. If you want to assert a right in assets, you must provide evidence that you have an interest in the asset or property.
No. It is a popular myth that there is such thing as a ‘common law marriage’ in England and Wales which provides unmarried couples the same status as those who are married. However, this does not exist; if you do not legally formalise your relationship, the law will not view you as married or in a civil partnership.
You may have an interest in a property even if you are not listed as an owner if:
a. You can prove you made a direct contribution to the purchase price, including making payments towards mortgage repayment.
b. There’s an express agreement between parties showing that it was intended for you to have rights in the property.
c. There’s a verbal agreement where you can show that you detrimentally relied (endured a disadvantage) on the agreement or promise.
d. The court may infer a common intention where evidence of the parties actions indicate there was an understanding of both having rights. For example, if you have made payments towards substantial improvements in the property or contributed directly to mortgage payments.
Your share will be determined according to whether you own the property as ‘tenants in common’ or as ‘joint tenants’. Joint tenants have equal rights to the property whilst tenants in common may have unequal shares. If you’re unsure, the deed of trust should outline ownership of the property.
Whilst unmarried couples are not entitled to spousal maintenance, if you have children together, you can apply for child maintenance through the Child Maintenance Service. This can also be arranged privately if your and your ex-partner
are able to come to an agreement.
No, the law does not make provision for spousal maintenance where a couple’s relationship was not legally formalised.
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