Many people labour under the misapprehension that England has a law relating to cohabitants and also that after living with someone for a number of years they become a common law husband or wife and as such acquire legal rights - there is no such legal concept.   If cohabitants split up and there are financial issues to be resolved property and trust law applies.

This means that regard must be had to the financial contributions (both direct and, to a lesser extent, indirect) both parties have made.  For example if a couple has bought a house together regard will be had to the proportions in which the purchase price or deposit was met.   If there is mortgage regard may be had to the mortgage contributions although much will depend on whether or not the contributions were towards repaying capital or solely interest.   Regard will also be had as to the intentions of the couple when they acquired the property.  

If a man or woman moves into their boyfriend or girlfriend's house and makes no financial contribution other than to the outgoings on the property it is unlikely that they will acquire any interest in the home.

Matters may be different if the couple have a child as in those circumstances regard must be had to the welfare of the child. In addition it may be possible to bring a claim under child legislation for a transfer of property, lump sum or maintenance payments for the child.

The one area where cohabitants have the same rights as married couples is under domestic violence legislation.

If you want to know more - look at our Cohabitation Crisis Pack

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