Local Life - Wigan - May 2019

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The Myth of the
Common Law Relationship
Many people believe
that living together
with another person
gives them the same
legal rights as if
they were married.
However, contrary
to popular belief,
there is no such thing
as a “Common Law
Marriage” in England
and Wales. In fact, this legal concept has not existed
for centuries, and in the unfortunate situation where
a relationship has broken down, the main question
they will face is “What happens to the house?”
Despite the increasing popularity of unmarried
cohabitation, the decline in the numbers of couples
choosing to marry and reforms which now allow
same-sex couples to marry, there is still a regrettable
lack of “joined up thinking” in terms of the law
governing the circumstance of living together.
Andrew Leah, Head of the Family Law Department at
Alker Ball Healds, says:
“At Alker Ball Healds we are fortunate that we can
provide a full legal service to all couples regardless of
their legal status and sexual orientation. We look at
each family unit individually and consider whether
legal tools such as Deeds of Trust, Cohabitation
Agreements, Pre-Nuptial Agreements and Separation
Agreements or even Wills can be utilised to avoid
disputes/litigation completely.
For those unmarried clients whose relationships have
unfortunately already hit problems, we go to great
lengths to provide assistance, beginning with a detailed
fact find to establish
what potential claims
may arise from the
breakdown of the
relationship.
In cases where a couple
has shared occupation
of a privately owned
property the outcome
can sometimes be
surprising. We always
check a property’s Title Deeds first to see if arrangements
were made and registered with HM Land Registry that
quantify the shares which each joint owner holds in the
property.
Even in cases where the property is legally owned in just
one party’s name, if the circumstances are right it may
be possible for the non-owner to make a financial claim
against the property. It is essential that professional
legal advice is obtained as soon as possible so that
urgent steps can be taken where appropriate to prevent
any disposal of the property by the legal owner which
could frustrate such potential claims.”
What should I do next?
If you would like to know more about this
complicated area of law which involves difficult
legal concepts such as resulting and constructive
trusts and estoppel, please call to speak with
Andrew Leah or his colleague Rob Webster on 01942
246241 to arrange a free, no obligation, 30 minute
appointment. Alternatively please e-mail them on:-
Andrew Leah: aleah@abhlaw.co.uk
Robert Webster: rwebster@abhlaw.co.uk