Marriage vs Cohabitation

In today’s blog, we’ll explore the key differences between marriage and cohabitation, focusing on the legal implications of each. We’ll examine the challenges couples may face in both scenarios and discuss the legal solutions available for each relationship status.

Issue - Property in Sole Name – Can I live there?

Married or Civil Partnership
Yes – If you are married or in a civil partnership, you have an automatic right to live in the family home, regardless of whether your name is on the property. You can protect this right by registering a Home Rights Notice with the Land Registry.

Living Together Unmarried
If you are unmarried and living together, you do not have an automatic right to live in your partner’s property. You may apply to the Court for an Occupation Order, but you must demonstrate a beneficial interest to support your claim (see below).

Issue - Property in Sole Name – Do I have an interest?

Married or Civil Partnership
Yes – if you have lived in the property as a married couple or your spouse bought it during your relationship, you are likely to have an interest when dividing the assets upon Divorce or Dissolution.

Living Together Unmarried
You do not automatically have an interest unless you can prove you have financially contributed. This also depends on discussions held with your ex-partner. This is a difficult and complex and costly area of law.

Issue - Property in Joint names – What is my interest?

Married or Civil Partnership
The starting point is whether there is an express declaration in the transfer deed. If the property is held as Joint Tenants or Tenants in Common in equal shares, you have a 50% interest. Sometimes property can be held unequally too i.e. 70/30 or 60/40 and a copy of the Transfer Deed is required.

Living Together Unmarried
The starting point is whether there is an express declaration in the transfer deed. If the property is held as Joint Tenants or Tenants in Common in equal shares, you have a 50% interest. Sometimes property can be held unequally too i.e. 70/30 or 60/40 and a copy of the Transfer Deed is required.

Issue - Property in Joint Names – How do they divide?

Married or Civil Partnership
Regardless of the express declaration, the starting point in sharing matrimonial property is 50/50. However, the Courts will consider the total assets in the marriage to reach a fair outcome. This may mean dividing assets unequally based on financial needs, contributions, or other factors.

Living Together Unmarried
If the property is held jointly, the Court generally follows the express declaration in the transfer deed. Additional funds may be claimed if you’ve reduced the mortgage post-separation or paid for home improvements (via equitable accounting).

Issue - Spousal Maintenance

Married or Civil Partnership
As a spouse or civil partner, you may be entitled to spousal maintenance if your spouse earns significantly more than you and you need additional financial support.

Living Together Unmarried
If you are cohabiting, you have no right to spousal maintenance.

Issue - Pensions

Married or Civil Partnership
You are entitled to a widow’s pension if your spouse predeceases you. Upon separation, you may also claim a share of your spouse’s pension or offset it against other assets.

Living Together Unmarried
If you are unmarried, you are not automatically entitled to your partner’s pension. Your partner must nominate you, and they can change this designation at any time.

Issue - Children

Married or Civil Partnership
Child Maintenance can be claimed if the children live with you. Both parties must agree on living arrangements and how often they spend time with the other parent.

Living Together Unmarried
Child Maintenance can be claimed if the children live with you. Both parties must agree on living arrangements and how often they spend time with the other parent.

Issue - No Will upon Death

Married or Civil Partnership
If you are married or in a civil partnership and your spouse dies without a will, you are entitled to the first £300,000 of their estate under intestacy rules.

Living Together Unmarried
If you are unmarried and your partner dies without a will, you will not inherit anything under the rules of intestacy.

To conclude, whether you are married, in a civil partnership, or cohabiting, understanding your legal rights is essential, especially when it comes to property, finances, and inheritance. Navigating these complex areas of law can be challenging, and the consequences of not having the right protections in place can be significant. It’s always advisable to consult with a family or wills lawyer to ensure that your rights are protected and that you are fully informed of the legal options available to you.