Is there a time period after which cohabiting couples can make a claim on their partner's finances?

At present, as a partner in a cohabiting couple in England you have relatively few rights. If your relationship breaks down and you are not a joint tenant or a co-owner, then you have no right to remain in the property should your partner decide they would like you to leave. Similarly, you would have no financial claim over the property, although you may derive some equitable ownership if you have made contributions to the mortgage or bills. Any share you have built up may be realised upon sale or a lump sum award made, although it will be calculated as a proportion relative to your contribution and will only be recognised if you can demonstrate a clear joint intention that your contribution was intended to confer a claim on the property.

Cohabiting couples are currently advised to draw up a cohabitation agreement with a family law solicitor to establish what rights they should have in the event the relationship breaks down. This is particularly important if the relationship includes children. Under current laws, although children will be provided for financially, there is no additional provision for a cohabiting partner, even if they are intending to look after the child after the split. Ensuring that your children’s welfare is considered is crucially important and can form the basis of a cohabitation agreement.

Cohabitants have no rights to a partner’s possessions either. In the event of a breakup they would only have a claim over property they themselves own, with contributions to jointly purchased property considered in any split on their merits.

The law looks set to remain favourable to married couples although plans are in the pipeline to change the law concerning cohabiting couples following a review by the Law Commission in 2007.

Article Source: http://www.onlinearticlessite.com

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