People who live with their partner but aren't married could find themselves out on the street or in a financial mess if they were to split up, according to a new briefing report published today by the LivingTogether campaign.
There are more than four million people in the UK living with their partner outside marriage, and more than a third of them live in rented homes - almost twice as many as married couples. Yet two thirds of people wrongly believe these couples have the same legal rights as those who are married, according to LivingTogether research.
The harsh reality, highlighted by the new report, is that those who 'cohabit' could find they have no right to remain in the home if they were to split up from their partner, even if they've lived there for years. If the home is rented or owned in only one partner's name, for instance, the other will have no legal right to stay if their ex asks them to leave. Even if the home is jointly owned, it can only be sold with the agreement of all owners. This can cause problems after a break-up if one partner wants to stay but can't afford to buy the other's share.
To raise awareness of the housing issues for cohabiting couples, the LivingTogether campaign, run by legal rights and information website Advicenow.org.uk, has compiled its new report to highlight the problems, and offer some simple solutions to help people protect themselves.
Mary Webber, cohabitation expert at Advicenow said, "An alarming number of people still believe that they have a 'common law marriage' but the truth is, unless they take steps to protect themselves, they have very few rights. If the relationship ends, many will find themselves in a very difficult situation, potentially facing money problems or homelessness.
"Having said that, there are things they can do to help themselves. Writing a 'LivingTogether Agreement', for example, is a great way of setting out who owns property and possessions, and how contributions to the rent or mortgage are shared, which can make things much fairer in the event of a split. Also, no-one knows what's round the corner, so making sure your partner has an up-to-date will that would provide for you in the event of their death is really important for unmarried couples, who have no automatic inheritance rights."
The LivingTogether top tips for cohabiting couples:
* Whether you rent or own your home, draw up a LivingTogether
Agreement, to set out who owns what, and who pays what. This will help keep things as fair as possible if you break up down the line
* If you're planning to rent a home with your partner, make sure
the tenancy agreement is in both names
* If you're moving into a home owned by your partner, think about
how you contribute to the mortgage, and things like home improvements. Make sure you're both clear about how things would be divided if you were to split up
* If you're planning to buy together, think about whether both
names will appear on the deeds, and whether you want to be 'joint tenants' or 'tenants in common', as this will affect what happens if you separate or one of you dies. This is particularly important if you're both putting in different amounts of money
* Make sure you both have wills, and that your partner has made
provisions for you if anything happened to him
More details of the issues surrounding cohabiting couples and housing, along with the most up to date facts and figures are available in the LivingTogether report 'Property: The Risks and Remedies for Cohabiting Couples'.