Common Law Rights

[cjscouse]

as common law partners are our assets split between us if we separate

[VHG]

No such thing as "common law partner"

As it says on the web site below:

The term 'common-law' husband or wife is often used but has no legal standing. It is a common misunderstanding that a couple will have established a 'common-law marriage' after living together for a period of time. This is not the case.

http://www.adviceguide.org.uk/scotland/relationships_s/relationships_living_together_marriage_and_civil_partnership_s/living_together_and_marriage_legal_differences_scotland.htm

[woofgang]

In the uk, there is no such thing as a common law partner. If you have children then there will be responsibility for their care and upkeep.

[VHG]

Sorry that link was for Scotland (I did not realise)

Link below is for England (assuming you live in England) but same applies.

It says:

Common-law spouses

Although the terms common-law wife or husband are frequently used to describe a couple who live together, these relationships do not have legal recognition.

http://www.adviceguide.org.uk/england/relationships_e/relationships_living_together_marriage_and_civil_partnership_e/living_together_and_marriage_legal_differences.htm

[FredPuli43]

Not even that. You get, if you are a normal case and can prove ownership as yours and not joint, everything that you own. If you own it jointly, there's room for argument about who owns what share but it would usually be divided equally. If it's held to be a gift, it belongs to the recipient.

Beyond that, the parties have to rely on what lawyers call equity. That is, you have to establish that it is unjust that the other partner gets the whole of something. That is commonly a case of one party have contributed so much to the purchase of a house, say, that though it is in the sole name of the other, they should be held to have a share.

The short answer is to get married!

There is no such thing as a common law marriage, as, sadly, many a survivor of a couple has discovered when the deceased was married and never divorced and never left a will. Their property will go with nothing to the survivor but the wife will have an automatic right to it. That is so however long the "common law spouse" has lived with the other, now deceased. The other's only claim may be as a dependent, but that is often uncertain and never reflects the deceased's wishes.

[EDDIE51]

As you have been told there is no such thing as a 'common law partner' you are just two people who live in the same house. It is a common mistake to think 'marriage is just a piece of paper' it is not it is far more than that it defines what happens to property when one dies . You have no more rights to property than two house sharers or flatmates.

[ummmm]

We don't know what assets they have though. If they have a mortgage they are not just two people who live in the same house.

Assuming no children are involved and there isn't a vast sum of money in a joint account then you take out what you brought in.

[Old_Geezer]

No expert but the experience of my sister from about 30 years ago was that she moved into a place with someone and she contributed far more than he to get it. They even had a written agreement about who had contributed what and so how it should be split it if all broke up. When it did break up, not so long afterwards actually, it was all worthless apparently, he took half, she lost out. I would doubt much has changed since then. Whether the 'common law' thing is a myth or not matters little if the result turns out to be the same anyway.

[Old_Geezer]

Marriage is just a piece of paper, and a ceremony. The issue is the law that ignores the concept of equal rights of those who choose not to go through pointless rituals to please the powers that be, when compared to those who complied. The lawmakers should be ashamed.

[tonywiltshire]

There is no such thing as a common law partner in either England/Wales or Scotland; if you are not married you are cohabiting.
Before May 2006 there was such a thing in Scotland as marriage by cohabitation with habit and repute which ceased with the introduction of the Family law (Scotland) Act 2006. The main difference between English /Welsh and Scottish law is with the children of the couple.
As ever the knowledgeable Fred has the answers with goods when people split up, as you would expect from ex-council, if you can show you brought certain goods to the relationship you should be secure in keeping those goods.

[Peter Pedant]

I think he means ex-counsel.....

Freddie wasnt on the Bar Council was he ? I must put on a suit in that case when I cross swords wid him.

[LoftyLottie]

"The issue is the law that ignores the concept of equal rights of those who choose not to go through pointless rituals to please the powers that be, when compared to those who complied.'

Far from pointless rituals to me. But you are entitled to your opinion. When we got married it was not to comply and not to safeguard our interests -it was to show total commitment to one person and meant a great deal to both of us. It didn't involve an expensive 'wedding either'.

And yes I confirm that there is no such thing as a common law spouse and at the rate some people change their live in partners these days it is probably very sensible that this is the case!

[Peter Pedant]

No Lottie or Yes Lottie (depending)

I got partnered purely to prevent my grasping relatives of getting their hot sticky rapacious hands on my money and putting the fella out on the street.

My family has form on that one.


The will has the same function - getting the money to the ones I want and not the ones the law defines as inheriting if I have no will

[LoftyLottie]

That's just it Peter. You can get a contract drawn up so that a partner can inherit, but you need to think about it. I don't see marriage as a safeguard to either partner. It was the last thing I thought about when I got married.

I cannot see either why people are so against marriage when they are quite prepared to enter into a contract using a solicitor. Marriage is cheaper - quick trip down the registry office ;o)

[LoftyLottie]

And wills are essential!! :o)

[tonywiltshire]

You are, as always, correct PP, it is my view Fred is ex-counsel (I do not know what his speciality in law was/is). I understood you wore a suit at all times, please read this standing at attention in case counsel is reading this at the same time as you, you may not then be charged for his opinion.