Legal Rights of Unmarried Couples: What You Need to Know
In England and Wales, many couples choose to live together without getting married. However, despite what many people believe, there is no such thing as a "common-law marriage." This means that unmarried couples do not automatically have the same legal rights as married couples when it comes to finances, property, or inheritance.
If you are in a relationship but not married, understanding your legal position is crucial—especially if you live together, own property together, or have children. At Bank Solicitors, we specialise in helping unmarried couples navigate these legal complexities, particularly in areas such as Redditch, Bromsgrove, Birmingham, Warwickshire, Worcestershire, and the surrounding areas.
What Are the Rights of Unmarried Couples Living Together?
If you and your partner live together without being married, your legal standing is very different from that of a married couple. Key areas of concern include:
Property Rights and TLATA (TOLATA)
One of the most significant concerns for unmarried couples is property ownership. If your home is in one partner’s name, the other partner may have no automatic rights to it, even if they have contributed financially.
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) can be used to determine unmarried couples' property rights. If you have contributed towards the purchase of a property but are not listed as an owner, you may be able to claim an interest in it under TOLATA. This can be a complex legal area, and obtaining expert advice is essential.
At Bank Solicitors, we have extensive experience in TOLATA claims, ensuring that our clients in Bromsgrove, Redditch, Birmingham, Warwickshire, and Worcestershire get the legal support they need.
Financial Claims and Cohabitation Agreements
Unlike married couples, unmarried partners have no automatic rights to financial support from one another if they separate. To protect your financial interests, we strongly recommend putting a cohabitation agreement in place. This legal document sets out who owns what and how assets will be divided if you split up.
Parental Rights and Child Arrangements
If you have children, legal issues can arise over parental responsibility, child arrangements, and financial support. Mothers automatically have parental responsibility, but fathers only do if they are named on the birth certificate or have acquired it through legal means. If you are facing a dispute, our family law specialists can help.
Why You Should Seek Legal Advice
Many unmarried couples mistakenly assume they have the same rights as married couples. Unfortunately, this is not the case, and without proper legal planning, one partner could be left vulnerable in the event of separation or death.
If you are buying a property together, contributing to a home in your partner’s name, or need advice on your unmarried couple’s rights, it is essential to seek legal guidance. Bank Solicitors can help you:
Understand your property rights under TOLATA
Draft a cohabitation agreement to protect your financial interests
Resolve disputes over property, finances, and children
Make a Will to ensure your partner is provided for
Why Choose Bank Solicitors?
At Bank Solicitors, we specialise in property and family law matters, particularly TOLATA claims and unmarried couples' rights. We serve clients across Redditch, Bromsgrove, Birmingham, Warwickshire, Worcestershire, and surrounding areas, providing expert legal advice with a personal touch.
If you need legal support regarding your unmarried couple’s property rights, contact us today to arrange a consultation. Protect your future with expert legal guidance from Bank Solicitors.
Call us now or visit our website to find out more.