Q. My partner and I are living together but we've now decided to split. What am I entitled to?
A. There is a common myth that people who live together have rights as common law husband and wife. This is not the case. People who co-habit and are not married presently have few rights.

If the home is in both your names, you will be entitled to a share – how much you receive will depend on a number of things such as the amount you paid to the purchase price and what is written on the title deeds. If the property is in your partner's name only you have no automatic right to a share. Instead you will need to show you have a beneficial interest in the property. This is a very complicated field as it is governed by land laws and trust principles.  We can advise you on your rights.

If the situation is that you have children together and you are the principal carer, you are able to claim maintenance on behalf of the children. You may also be able to stay in the house depending on the extent of your beneficial interests in the property. Alternatively, or in addition, the Court may order a lump sum payment to meet the housing needs of the children but this is repayable at a later date.  This aspect is covered by the Children Act 1989.

Q. Can I claim maintenance?
A. Unlike a married couple, you cannot claim maintenance in your own right or make any demands against your partner's pensions.

If you would like to speak to a solicitor regarding family law, please send us a message using our enquiry form >>>