Cohabitation - some common 'myths'
1. A cohabiting couple who live together for a certain length of time will have the same rights as married couples or will become 'common law' husband and wife.
This is absolutely not true. Common Law Marriage was abolished in the eighteenth century. Cohabiting couples do not acquire any special status under the law. This is also true for same sex couples who do not enter into a civil partnership.
2. A cohabiting partner's name is not on the mortgage of the couple's shared home, but because s/he has made financial contributions to the household in other ways (for example by paying bills) s/he has a right to an interest in the property.
Again, under English law this is not true. A cohabiting partner whose name is not on the mortgage has no more claim to a stake in the property than a lodger would. In some cases, it may be possible for the cohabitee who is not the property owner to establish a claim if for example s/he has added value to the property by paying for improvements.
It may also be possible to show that the property owner has made certain promises that the cohabitee who does not own the property has relied on. However in reality such arguments can lead to costly legal proceedings and be difficult to prove.
3. In the event of relationship breakdown, a cohabiting partner could claim maintenance for themselves.
No matter how long a couple has lived together, this is not the case. In cases where there are children, the absent parent will however probably still be liable to make child support payments.
4. Cohabiting couples will automatically inherit from each other if one of them dies so it is not necessary to make a will.
This is not true. If someone dies without making a will (called dying 'intestate'), their estate will be distributed according to strict intestacy rules and cohabiting partners, because they have no marital or blood relationship, will not automatically inherit. See our section on making a will for more information.
5. Unmarried fathers have the same legal rights and responsibilities with regards to their children as unmarried mothers.
This is not necessarily the case. Whilst parental responsibility is automatically conferred on a child's mother, if the parents are unmarried the child's father may not necessarily have the same rights and responsibilities. It will depend on when the child was born, whether the father was present when the birth was registered, or has since obtained a court order granting parental responsibility.
