Cohabitation – couples with and without children

Cohabitation

This is where people are not married or civil partners.  There is no such thing as ‘A common law wife’.  Such a person does not exist in law. Sorry to smash another legal myth.

Sometimes a former partner (cohabitee) may have a claim to a share of property (and also a claim can be made via a child).

If the property is owned jointly then one can apply for a sale or other Court Orders e.g. buying the other person out.

If the property is not in your name at all it is hard to make a successful claim as a cohabitee.  Helpful tips are whether you have helped to pay the mortgage direct, both behaved in a way that the judge thinks you intended a share ownership physically improving the property e.g. tiling in the kitchen.

Has the property been called “our house” or “our home”?  Who has paid for what?  Are the finances separate or pooled together?  If you make a claim under the Trusts of Land & Appointment of Trustees Act 1996 (ToLATA) that is in the County Court not the Family Court unless it is being held with a claim for a child in which case the case is heard by the same judge jurisdiction in both family and county court areas.

The case however is treated as civil not family and the civil court rules apply.

So you have a family claim being dealt with under civil rules.

And remember even though your claim may be weak that is not mean that a good tough lawyer, with ‘Rottweiler ’approach cannot get at least something for you.

Expert advice is essential and the earlier taken the better.

Cohabitees & Children

If a couple live together have a child even though the property remains in one person’s name (typically the man) the partner former cohabitee can make a claim for their child or children.

The Child Maintenance Service (CMS) deals with maintenance for children up to high limits but the court process can be used to claim school bills and a transfer of property. I say school bills not school fees because of extras, which in one case included “Damage to school property’.

The property then cannot be transferred to your ex-partner for his or her personal benefit, but to provide a property for the child until the child is grown up or ceases full time education. Obviously there will want to live in it, and that is how the problem is handled, so watch out.

If you live with somebody and have a child with them, you could lose the occupation, even though not the ownership, of your home for 22 years or more.

The income and earning capacity are taken into account including financial needs and any physical or mental disability.

Working as a team it is possible to bring these claims cheaply and effectively, just bringing in a lawyer on a fixed fee basis as required.