Many family law practices offer advice via articles aimed at married couples about to embark on the divorce process.

However, there are millions of unmarried couples within the United Kingdom who will undoubtedly have questions regarding what will happen to their assets, such as their family home, if they were to separate.

Let's dive into this subject now: couples who are not married are simply not afforded the same rights as couples who are married when it comes to the division of assets. The body of law that sets out the divorce process is well-established and well-defined. However, unmarried couples do not have the same laws to rely on when stipulating what should happen to their assets if they separate.

This often comes as a big surprise to many unmarried couples undergoing a separation. The main reason for this surprise is that many people falsely believe in common-law wife or husband status.

Therefore, many unmarried couples falsely believe they will automatically have a right to part or all of the property when they separate.

My partner owns the property; can I still make a claim for part of the home's value?

There is limited scope for a partner to claim part or all of the house's value if your partner owns that property outright. However, you may have grounds for a claim under the following circumstances:

You have subsequently acquired an interest in the property

If you have contributed to paying the mortgage, whether wholly or partially paying for the monthly mortgage payments then you may have acquired an interest in the property. Alternatively, you may have paid for some or all of the home improvement work.

Therefore, you may have legally acquired an interest in the property in either case.

Common-law marriage

It's probably one of the most widely cited misconceptions regarding Family Law. Many couples, therefore, falsely believe that there is such a thing as “common-law marriage.”

However, the long and short of the matter is this: for many separating unmarried partners, unless they can prove an interest in the property through, say, paying for building work, contributing towards the upkeep of the home or paying the mortgage, then that partner will generally have no automatic legal right to their partner's property or assets if they are unmarried. Common-law marriage status is not recognised in England and Wales; it is simply a myth.

Title deeds

Another way to prove that you have a financial stake in the property is to be mentioned in the title deeds.

What information will my Family Lawyer need to see if I were to make a claim:

Mortgage payments

Your family lawyer will be interested in whether you can prove through documentation that you have contributed to paying the mortgage.

Construction work/upkeep of the property

If you can prove again through documentation that you have partially or fully paid for any construction work that has subsequently improved the property and increased its value.

Agreements

The Family Lawyer will be interested in any documentation showing an agreement that might be in place regarding the property's ownership. This could have been an agreement that you have falsely relied upon at the time.

Call us today

Would you like to obtain some expert legal advice regarding property-related matters? Then call us today. Please contact us if you need clear and straightforward advice from an established family law practice.