Living Together - Questions & Answers

Q: I am moving in with my partner. What can I do to protect my finances?

A: If you are buying a home in joint names or in the name of just one person then you should have a document prepared by a solicitor reflecting your understanding of ownership and other matters. It is possible that a non owning party can obtain an interest in the home and even force a sale if you split up. A formal agreement will ensure that the wishes of both parties can be met and can save distress, uncertainty and costs in the event of separation.

Q: Am I a common law husband/wife?

A: There is no such thing as a common law husband or wife. The law does not recognise "common law" relationships. It is a frequently held, but incorrect belief, that after you have been living with someone for a period of time that your relationship acquires legal recognition. However the rights of parties that live together (including same sex relationships) outside of marriage are limited, so it is essential that you obtain specialist advice on your rights in the unhappy event of a break up.

Q: If we split up, can I seek maintenance from my 'ex'?

A: If you are not married you are not entitled to seek maintenance for your own benefit regardless of the length of your relationship. However, if there are children involved then you may be entitled to child maintenance, and possibly other allowances including the payment of school fees.

Q: What is a Civil Partnership?

A: As from December 2005 couples in a same sex partnership can register their relationship through a formal civil ceremony. Registration ensures partners acquire various rights and responsibilities towards each other, both during the relationship and upon separation. The consequences are many and varied and specialist advice should be sought.

Q: Are there any proposals for reform?

A: Yes, the Law Commission is currently considering very significant changes when a relationship ends by death or separation. Some of these proposed changes may be retrospective and it is essential that legal advice is sought upon the potential impact.

Q: If we split up, can I be forced to move out of the family home?

A: If the home is owned jointly then you have a right to continue to live there unless ordered by the Court to leave. If you are not a legal owner, you may still have an interest in the home and therefore a right to occupy. You should seek immediate legal advice.