Solicitor, Anne Vincent, advises:
When cohabiting couples separate their financial rights are very different to those of married couples or civil partners .
Generally speaking cohabiting couples have no financial responsibility for each other, no matter how long they have lived together or if they have children.
The parent who does not have children living with them has a duty to pay maintenance for the children , but does not pay anything for the other parent.
Property is divided in accordance with legal ownership which means if one partner has owned the properly in which the partners have lived the non owner has no right to a share of the value of the property unless there has been an agreement between the partners that ownership will be shared at some time.
The non owner also generally has no right to continue to live at the property without the consent of the owner.
The term 'Common Law husband and wife' has no legal standing and also gives no financial and property rights.
Cohabiting couples can protect themselves by entering a Cohabitation agreement which sets out what they have agreed will happen to their property on separation.
Contact Anne Vincent for further information and advice avincent@gabbs.biz
