There any many times in our lives that we hear I must be entitled to something
I am a “common law wife/husband”. There is no such legal right.
You are either married, classed as a spouse and treated as such when a
relationship breaks down, or you fall under the term of co-habitees.
Co-habitees have very limited rights when a relationship
breaks down. There is no right to claim maintenance from the other party
for yourself, there is no basis upon which the court can make a pension
sharing order and if a property which has been treated as a home by both
parties is only owned in the sole name of one party, then there are only
limited circumstances in which you may be able to obtain an interest in
that property.
If you own property jointly then it will be necessary
to sort out what is going to happen to the property, can one of the parties
take on the existing mortgage and effectively buy out the other parties
interest, or will the property need to be sold.
Maddersons can advise on all aspects of co-habitee disputes
and property disputes and advise you on what rights you may or may not
have.
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