Co-Habitee Confusion: Dr Who splits, but in the real world who gets what from the family tardis?

Dr Who David Tennant is rumoured to have split from his real-life girlfriend with no scrapping over the contents of the Tardis – but few co-habiting couples will get away with as clean a shift into a new dimension of their lives.

Cheshire-based law firm SAS Daniels has been getting more and more calls from co-habitees whose relationships have broken down – but who can barely believe the Government has decided to exterminate the recommendations of the Law Commission to give rights to people who have been living together for years but never married.

“The majority of people believe that when they have been co-habiting for many years or have children with a partner with whom they have lived, that they acquire the status of ‘Common Law Spouse’ and consequently the same rights as married couples,” said Shelley Chesworth, family department partner with SAS Daniels.

“We’re being asked about this more and more frequently, especially so as so many people believed legislation would come into force in March 2008. The simple answer to the question posed, though, is that the concept of a Common Law marriage is complete fiction.

“Lawyers have for many years acknowledged the black hole in the English legal system, under which there is no protection for co-habitees’ rights and responsibilities upon the breakdown of their relationship.

“As a consequence of pressures from the legal profession and concerns expressed during the passage of the Civil Partnership Act 2004, the Lord Chancellor referred the issue to the Law Commission. However, the Government has said it will not progress the consultation paper and recommendations of the Law Commission in the foreseeable future.

“For co-habitees who have not entered into a marriage or civil partnership the only recourse in law at the time of the breakdown of the relationship is to a hotchpotch set of property, trusts and contract laws which reflect property rights that do not acknowledge or reflect contribution to family life nor fairness within family roles.

“Unlike married couples the co-habitee has no rights to tax benefits or relief, Next of Kin status, spousal maintenance or compensation for the differentials of income resulting from the roles adopted by the parties during their relationship.

“However, if the parties’ home was purchased in the couple’s joint names then in the absence of any documentation stating that the equity should be shared otherwise, the Court will assume that the equity is to be shared equally.

“It is essential for co-habitees buying property together to take advice from a family lawyer at the time of purchase. If one party or the other makes a significantly greater contribution to the deposit or refurbishments/improvement then the question of whether they wish to protect that investment should be dealt with at the time of purchase by a family lawyer – however uncomfortable that topic may be at the time.

“In terms of children, under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) there is provision, when an interest in the equity of a property is established, for any sale of the property to be deferred until the youngest child of the relationship reaches 17 or ceases full time education, whichever is the earlier. Even when it is agreed what share of the property each party is to receive the sale of the property can still be deferred until the children are independent.

“Furthermore, a parent with whom the children reside is able to apply to the Court for lump sum payments to cover capital expenditure such as baby equipment, school fees and expenses and provision for a home for the children.”

SAS Daniels plans to continue to expand throughout Cheshire. The firm currently has offices in Stockport, Macclesfield, Congleton and Bramhall.

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Further information:
Megan Codling or Iain Macauley
07795 848586 / 07788 978800 mc@pressrelations.co.uk / im@pressrelations.co.uk / www.sasdaniels.co.uk

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Further information: Iain Macauley or Megan Codling 07788 978800 / 07795 848586 im@pressrelations.co.uk / mc@pressrelations.co.uk / www.sasdaniels.co.uk