There is a misconception that couples who live together in a relationship have the same property rights as married people. More and more couples are deciding not to marry for whatever reason and to live together; often the arrangements can be complicated with children from previous relationships and financial arrangements.

There is no such thing as a common law relationship, wife or husband, you are either married or you are not and the laws to deal with property if you separate is very different in each situation and it is surprising how many do not realise.

 If I am not married to my partner and we own our house jointly do I get a share in the house if we split up?

If the house is in joint names and there are no written agreements to say otherwise you should receive a share of the house. When you bought the house this may have been discussed with your solicitor so it is worth contacting them or finding any documents you may have kept at the time you bought the house.

If we can‚agree what to do with our house when we separate how do we sort it out?

If you can‚ agree between yourselves go and see a solicitor who will be able to write to your partner and try and resolve the issue by agreement. You could attend mediation to try and discuss it amicable.

If this does not work and you need to go to court & you cannot make an application in matrimonial proceedings. The only application you can make is a civil one under the Trusts of Land and Appointment of Trustees Act 1996 for an application to ask the court for the house to be sold and to decide how much you should both get.

If I have not paid the utility bills does it make a difference?

No, the utility bills do not make a great deal of difference to the division of the house, but contributions to the property upkeep and maintenance and mortgage repayments can. So it is important to try and recall all of the financial contributions you have made.

Will I get more money if the children are living with me?

No, it is not a matrimonial case so the house is divided on financial matters, children are a factor in all cases but the division is more regarding contributions and ownership of the property.

What if the house is in my partners‚sole name?

Then you need to set out the contributions that you have made and what you had discussed and agreed when you bought the house or moved in. There may be a reasonable reason the house is not in your name and this would need to be explained.

Can I make a claim against my partners‚pension or other assets?

The application to the court would only be able to deal with the property and not include a pension or other assets.

Can I make a financial claim for our children?

Maintenance is arranged either by agreement or the Child Maintenance Service the court do not get involved. An application under Schedule 1 of The Children Act 1989 could be considered if there are particular expenses.

If I am starting a new relationship how should I protect the capital I use to purchase our property?

If you put any capital into a property make sure you speak to your new partner and your solicitor to detail the arrangement you are making so everyone understands.

Put any discussions in writing and if possible make sure your name is on the property and you have a declaration of trust prepared by the solicitor dealing with the purchase of the house confirming the money you are putting into the house is to be returned to you if the property is sold.

Should I have a will?

Yes, a will can set out all your wishes regarding your property which will protect your partner but also any children from a previous relationship.

If I do not put money into the new property will I get any of the equity if I pay the bills?

If the house is put in your joint names you will have a share of the monies from the sale of the house. If it is in your partners, sole name you may get nothing even if you pay utility bills. It will depend on what the agreement was when you bought the new property and if you agreed you were to have a share of it.

If we have lived together for a long time does it make a difference?

Potentially if your name is not on the house it is not yours and you could get nothing even if you have lived together for years. Again it will depend on financial contributions you have made throughout the relationship.

If I move into my new partners‚ house which is in their sole name can I have a share of the house when we split up if I pay the bills?

If there are no written agreements or the house in not transferred into your joint names you do not own the property and will not get a share even if you pay towards bills or the mortgage. It is important to agree if you make any contributions you want a share of the property before the money is paid.

If we buy a property together and I make substantial contribution to the house will I get this money back?

Any court case relies on evidence so keep documents and agreements in writing to show the court that there was a contribution. It is still at the courts discretion and the Judge will make the final decision but documentary proof will always help.

Should I speak to a solicitor before we buy a house together?

It may seem very unromantic but seeing a solicitor will provide you both with clear information so you both know the facts and can save expensive court costs in the future. It is very important to seek independent legal advice from your property solicitor before you buy or put money into a property with a new partner.

Please remember every case is completely different and will be individual depending on your finances and arrangements at the time but it is important to agree who owns the house before you buy or put money into a property or receive money from a new partner.

If you need any information or help before you buy a property with your partner or when you separate please contact us at Alun Jones Family Law.