Unmarried Couples and Rights on Separation
Family Lawyers say unmarried partners assume they have the same legal rights as a husband or wife and that they’ll get half of everything. It can come as a surprise to hear what your rights are after you’ve been in a long term unmarried partnership so in this article, we look at the rights of unmarried couples on separation.
The family home and cohabiting couples
When you are in an unmarried relationship your rights to the family home are based on a combination of property and trust law rather than divorce law. That’s why its important to get legal advice so you understand your rights.
If your partner owns the family home in their sole name then you can only bring a claim for a share in the equity in the property if you can establish that you have an equitable or beneficial interest in the property. You may have been in an unmarried relationship for 20 years and have no claim or you may have been in a cohabiting relationship for two years and be able to prove that there is a constructive trust.
If you and your partner own the family home jointly then the amount of your share in the equity will depend on whether you own the property as joint tenants or tenants in common and your agreement about ownership at the time you bought the house.
If you have dependent children then you can claim housing provision for the children under schedule one of the Children Act but the Act doesn’t give you a share in the house or even a right to be housed for life – it is limited housing provision until the children are 18 or 21 and then the house reverts to your ex-partner.
If your partner has been abusive to you then, whether or not they own the family home in their name, you may be able to apply to court for a non-molestation order to protect you and an occupation order so you can stay in the property on a temporary basis. An occupation order doesn’t give you any property rights but means you can stay at the property short term. The definition of domestic abuse is very wide so if your ex-partner was coercive and controlling or you are fearful of their reaction to your planned separation, get in touch for injunction advice.
