My partner and I have separated but we weren’t married. What am I entitled to claim?

When an unmarried couple separate, the legal landscape is very different to that which a married couple face when going through a divorce. There is no such thing as common law husband and wife, and the length of a cohabiting relationship makes no difference to whether claims can be made.

Legal position of unmarried couples separating

Unmarried partners are not entitled to make claims against any capital assets that their partner owns and neither can they make claims for income support (spousal maintenance). Any financial claims that someone may be entitled to make would be limited to what is outlined in any Cohabitation Agreement or based on the division of any shared assets. Cohabitees cannot make claims against the other person’s pension.

If both partners’ names are on the deed or title of a property, they are considered co-owners. They can either sell the property and split the proceeds, or one partner can buy out the other. There are two different ways to own a property jointly which will be either as “joint tenants” or “tenants in common”. You’re likely to be aware if you own as tenants in common as this means you will own individual shares in the property and that share will not automatically pass to your partner on death. Some cohabiting couples want to own different shares when they buy a house, because one of them is paying more towards it. If you don’t recall having a discussion like this, you’re likely to own as “joint tenants” in which case, subject to strong evidence proving a contrary intention, you will own on a 50/50 basis regardless of how much you paid towards the house.

If your home is in one partner’s sole name, the other partner generally has no claim to it unless they can prove with clear evidence it was “intended” they should have an interest and usually, in addition, because they’ve made a large financial contribution e.g. paying for renovations.

If you have children, both parents are responsible for supporting their children financially. The parent with whom the child lives for most of the time will be entitled to receive child maintenance from the other parent. The Child Maintenance Service (CMS) can help with the calculation and/or collection of child maintenance but ideally this is something parents will arrange between themselves. The CMS have a useful calculator on their website which helps parents work out what payments should be.

If you have children, it may be possible to make claims against the other parent’s assets for the benefit of the children. This may mean making a claim for housing and additional support. These claims are dealt with under Schedule 1 of the Children Act 1989. To make a Schedule 1 claim you need to be sure that your ex-partner has assets in respect of which claims can be made.

What can cohabitees do to protect themselves?

Consider having a Cohabitation Agreement. Unmarried couples can create agreements outlining the division of assets and property in the event of a separation.

If you are in a stable relationship, make sure you have both taken steps to protect the other person in the event of death. You can contact your pension scheme administrators and request that your partner is nominated to receive pension benefits in the event of death. You can also make sure you have one or more bank accounts in joint names, so savings are accruing jointly and accessible by both of you.

Make sure you have a Will leaving your estate to your partner. In the event of death, the partner left behind will have no automatic right to the deceased partners assets which often leads to costly and time-consuming claims under Inheritance Act legislation.

It is advisable for separating cohabitees to seek legal advice to understand their rights and obligations fully. The area of law relating to cohabitee property disputes is complex and advice should be taken to understand what you may or may not be entitled to claim in your circumstances.