Common Law Marriage - The Biggest Legal Myth

One of the most common misconceptions in England and Wales is the belief that “common law marriage” exists.

Many couples assume that living together for a number of years automatically gives them the same legal rights as a married couple.

Unfortunately, that is not the case.

As cohabitation continues to grow across the country, this misunderstanding is becoming increasingly important.

Recent ONS data confirms that hundreds of thousands of families across Yorkshire & Humber, the North East and the North West now live in cohabiting relationships. Nationally, cohabiting couples represent one of the fastest-growing family groups.

For most couples this is not an issue.

However, difficulties often arise when relationships break down.

A common scenario involves one party moving out of a property whilst the other remains living there.

Questions then arise such as:

• Can the property be sold?
• Must one party buy the other out?
• What happens if only one name appears on the title deeds?
• What if one person paid most of the deposit?
• What happens if we never married?

The answer will depend upon the individual circumstances.

This is where disputes often arise under legislation known as TOLATA (Trusts of Land and Appointment of Trustees Act 1996).

Importantly, there are steps that can be taken before problems arise.

A Cohabitation Agreement allows couples to record how finances will be managed and what should happen if the relationship ends.

A Declaration of Trust can record ownership shares where one party contributes more towards a deposit or mortgage.

Whilst these conversations may feel uncomfortable at the outset of a relationship, they can provide certainty and potentially avoid expensive disputes later.

Whether you are experiencing a dispute now or simply wish to protect your position for the future, obtaining advice early is usually the best approach.

If you would like to discuss your circumstances, complete our online enquiry form and a member of the Pepperells team will contact you.