Commom Law

[chinadog]

There's a young couple a few door down from us. They've been living together for 8 years and have 2 little ones. He told her a few weeks ago it was all over and wants her to leave with the kids. The mortgage is in his name so where would she stand as she's his common law wife? Poor girls broken hearted. Thanks

[CheekyChops]

She needs to seek legal advice - try and find one of those solicitors that offers an hours free consultation or something. As far as I know, there is no such thing as a common-law-wife.

[Schutzengel]

Chinadog. Sorry to be so pessimistic, but there is no such definition in law as 'common-law-wife. There appear to be no 'Rights' in the event of a separation of unmarried persons living together. The only aspect which seems clear, is that the father of the children is required to financially support his children, either by agreement between the couple, or by application to the CSA. It looks like a nightmare for the young woman concerned in the separation. I wish young women would consider the implications of a separation before living with someone and having children. I know most take the arrangement on trust, but sadly trust can be betrayed, as can be seen by the situation here. At present there is no law which covers cohabitation, even when there are children involved. It is a very difficult position to be in for the girl to be in, and it's very sad when they have been together for so long. There are some legal people on this site, and I hope someone picks up your question who is able to give you some good advice about what the girl needs to do, to pass on to her.

[chinadog]

Thanks both for your replies. I used the term Common Law as it was a term used years ago,showing my age now. I spoke to her mum today and she's going to a solicitor with her daughter to seek advice. Im glad in a way as mum and daughter have'nt spoken for a few years all because of the partner. Thanks again. china.

[Ethel]

She may be able to claim a 'beneficial interest' in the property so all is not lost.
http://www.civilpartnerships.org.uk/Beneficial Interest.htm
http://england.shelter.org.uk/get_advice/advic e_topics/families_and_relationships/relationsh ip_breakdown/options_for_homeowners/beneficial _interest

[chinadog]

Thanks for the link Ethel. I've had a read and will copy it out to show my neighbour and her mum. Thats a big help.