The unfortunate breakup of Love Island reality TV stars Molly Mae and Tommy Fury has highlighted the unique legal and financial implications that cohabiting couples may face. This article explores how the rights of cohabiting couples differ from those of married couples and why it is essential to seek legal advice to protect assets.
What Is Cohabitation?
Cohabitation refers to couples who live together without being legally married. In the UK and many other parts of the world, cohabitation has become increasingly popular, challenging the traditional view that marriage is a "must." However, despite their commitment, cohabiting couples do not automatically gain the same rights as married couples, regardless of the length of their relationship.
Differences in Rights: Marriage vs. Cohabitation
Cohabiting couples have limited legal protections compared to married couples. Key differences include:
- Property Ownership: A cohabiting partner has no automatic right to a share of property solely owned by the other partner, even if they have contributed financially to mortgage payments or home improvements.
- Financial Support: Unlike in marriage, there is no entitlement to financial support or maintenance from the other partner after a breakup.
- Inheritance: Cohabiting partners do not have an automatic right to inherit from each other under the UK's intestacy rules, which apply when someone dies without a will. For cohabiting couples, having a will is essential.
- Parental Responsibility: Cohabiting fathers do not automatically have parental responsibility for their children unless they are named on the birth certificate, have a parental responsibility agreement, or obtain a court order.
Property Rights for Cohabiting Couples
If only one partner owns a property, the other partner has no automatic legal claim, even if they have contributed financially. For example, in the case of Molly Mae and Tommy Fury, Molly reportedly owned their £3.5 million mansion solely. In the event of a dispute, Tommy would need to prove a beneficial interest under trust law, which can be complex and uncertain.
The Role of a Cohabitation Agreement
A cohabitation agreement can help clarify each partner's rights concerning property, finances, and other key matters. Although not legally binding in the UK, a cohabitation agreement is persuasive in court if both partners freely agreed to its terms. This document can offer a structured framework for managing disputes if the relationship ends, reducing potential stress and financial risk.
How Duncan Lewis Solicitors Can Help
If you and your partner are considering moving in together and want to protect your assets, reach out to our team of specialist family lawyers. We offer initial fixed-fee appointments to help you understand your options and create a cohabitation agreement suited to your needs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
