While unmarried cohabiting couples do not share the same rights as a married couple, both still have certain rights and responsibilities.
Property - Where the property is rented, only the tenant named in the tenancy agreement is entitled to live there. If your partner is not included on the agreement, consent must be sought from the landlord if they wish to share the rented property with you.
Similarly, if the property has been purchased under only one partner’s name, they have the right to sell the property without consulting the other, unless the other partner can prove that they have an interest in the property or the partner has applied to the court for the right to live there due to their children’s welfare.
Therefore, when purchasing property as an unmarried couple, you should consider buying as joint tenants or tenants in common to have access to the same legal rights regarding your property.
Possessions & Finances - Unlike a married couple, cohabiting couples have no legal duty to support each other financially. Furthermore, since you are unmarried, your assets and income remain solely yours unless stated otherwise, and do not become matrimonial property such as that of a married couple.
However, where both parties are liable for debt that has not been repaid, you could still be pursued if your partner is failing to pay their share. Where benefits are concerned, your household income will be assessed as a whole rather than your individual earnings, meaning there could be a reduction in the amount you can claim.
Children - When it comes to children and cohabiting couples, it’s vital for both parties to know exactly how the responsibility is being shared. If unmarried, the birth mother automatically has full parental responsibility.
Her partner can only have parental responsibility if they are named on the birth certificate, have signed a written Parental Responsibility Agreement with the mother, have obtained a parental responsibility order from the courts or the couple get married.
In order to minimise disputes regarding childcare, we recommend entering into a cohabitation agreement with your partner prior to moving in, to ensure that your partner is aware of their legal position in regards to the children.