Unmarried Couples

The idea that you become "common law man and wife" if you have lived together for a period of time is an urban myth.

You are either married or civil partners, in which case the court can make a variety of orders within divorce or dissolution proceedings, or you are not.

If you are not married or in a civil partnership you may have different rights.

For example, a man and woman live together for 20 years and have 3 children but do not marry. The house is in the man's name. The woman has not worked during the relationship since she has been caring for the children, two of whom are still at school. The man alone has paid the mortgage on the property.

On separation, the woman will have no right to any financial interest in the house. Unless she obtains an occupation order  she will have no right to remain there. Nor will she have any right to claim maintenance from the man (although she may be able to claim through CSA/C-MEC or for Financial Provision for a Child)

To claim an interest in property in the name of the other unmarried party, generally you have to show that there was a common intention that you would have an interest. You may demonstrate that by:

• Showing that you paid towards the property (ie contributed towards the deposit, paid towards mortgage instalments or carried out / funded works which have significantly increased the value of the property); or
• Showing that there was some agreement between you and that you have relied on that agreement to your disadvantage