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Cohabitation - your questions answered.
So often after an initial interview questions arise
that you wished you had asked. To try and overcome that problem we've
put together answers to the most common questions asked of us. They are
not an exhaustive list so if you are still unsure about any particular
point then please don't hesitate to ask.
If you need further help or assistance please contact juliet.thomas@reeswoodterry.co.uk or telephone us on 02920 408 815
Questions
I am thinking of living with my boyfriend should we enter into an agreement?
Yes, you should give it serious consideration to ensure all arrangements are in place as you would both wish.
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I have heard that once you have lived together for 2 years you have the same rights as a married couple is this true?
No, cohabiting couples never acquire the exact same rights as married couples. This will have a bearing on your home and financial assets, your children and your rights of inheritance. It is therefore very important to consider your arrangements carefully and plan ahead.
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I have been living with my partner for 10 years. The house is in his/her name. What are my rights?
Couples who live together do not have the same rights as married couples. If the home is in your partner's name you have only a limited right to occupy which will need to be protected by Court order. However, if your partner were to ask you to leave you would be able to apply to Court for an occupation order and especially if you have children together.
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My partner and I jointly own our house. We are now splitting up and he/she wants to sell it. I want to stay. What are my rights?
It may be possible to stay if you can afford to buy out your partner's interest. If not, it may be possible to obtain a Court order to prevent your partner from selling for a period of time while you are settling your finances and this would especially be the case if you have young children.
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My partner and I have 2 children under 18 years. We are not married. Do we both have the same rights as married parents?
Where parents are married both share parental responsibility. This means both are legally acknowledged as having responsibility in decision making about the children's upbringing. Where parents are unmarried only the mother has parental responsibility and can make decisions about the children, for example, education and medical treatment without the consent of the father. Parental responsibility can be acquired by the unmarried father if an agreement is drawn up which is registered at Court or if a Court order is made.
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I have split up with the father of my son. My son is 4 years old and I want to change his surname before he starts school. Can I do so?
If you ex-partner does not have parental responsibility you can change your son's surname although you cannot actually change his birth certificate if his father's name is registered. However if your ex-partner objects he may apply to Court for the surname to be changed back to his name. He may at the same time apply for parental responsibility. A recent Court of Appeal case has suggested parents should use a common sense approach regarding their children's names and perhaps adopt both names e.g. Smith-Jones.
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My partner and I have been living together for 30 years. Will I automatically inherit from him/her when they die?
You will only automatically inherit assets which are held in joint names. Any assets just in your partner's name will only pass to you if your partner has made provision for you by Will. If there is no Will your partner's assets will pass to his nearest family members although you may possibly have a claim against your partner's estate if you are left with nothing but this would involve an application to Court if his family members do not agree with your claim. It is essential therefore that you discuss making Wills together so that you properly provide for each other when you die.
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We hope that you've found this information helpful.
If you do have any other questions then please do not hesitate to contact
our offices.
If you need further help or assistance please contact juliet.thomas@reeswoodterry.co.uk or telephone us on 02920 408 815
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