Cohabitation Guide

While it can seem simple to the ordinary person to identify, cohabitation can be an elusive concept in law.  You know what it looks like, but it is hard to define. In our cohabitation guide we aim to demystify the laws surrounding this.

There is no such thing as "common law husband and wife".  Unlike marriages and civil partnerships, there is no law allowing the Court to take all of the circumstances into account to make sure that the fair result is what happens.

Cohabitees cannot claim maintenance from the other person.  Where 2 people are living together the legal aspects of their relationship are governed by the general law, along with a number of statutes.  They are not matrimonial rights, they are property rights.

People will often live together to see how things work out.  Surely there is no harm in a trial period? However, as soon as you start mixing your finances together legal issues arise. You do not have to hold a joint bank account as long as there is contribution.  That contribution does not have to be financial.

Attempts have been made to update the law in this field, but it is still based on old principles.  Just because a person's name is not on title deeds does not mean they have no rights or that the Court cannot make provision for children even if their parents were not married.  What it does mean is that advice in this area can be sketchy at best and completely wrong at worst.

The legal test for cohabitation is as follows:

• are they members of the same household?
• what degree of financial support is there?
• is there a sexual relationship?
• are they parents of the same child or children?
• is there public acknowledgement of the 'husband and wife' or partners relationship?

No particular part of the test is definitive.  There can be a sexual relationship without living together.  Staying together in the same house several days of the week may not sound like cohabitation to you but has been held to amount to cohabitation by the Courts in the past.  Everything is a matter of degree.

Even if you were not cohabiting, if you mixed your finances together issues can arise.  On the breakdown of the relationship lavish gifts suddenly become loans, arguments arise over who owns the car, the fridge and the television.  Most significantly arguments arise over who owns the house.  If this scenario sounds familiar then you need help and you should obtain it before agreeing to anything.  Call us on (01525) 373322 for free initial advice.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.