Co-habitees on the increase
People are said to 'co-habit' if they live together and share their lives and sometimes property, finances and children but do not get married or enter into a civil partnership.
The Office for National Statistics reported in November 2016 that cohabiting couple families were the fastest growing family type between 1996 and 2016, more than doubling from 1.5 million families to 3.3 million families.
In 2016 there were 18.9 million families in the UK.
There were 12.7 million married or civil partner couple families in the UK in 2016. This was the most common type of family.
Married or civil partner couple families without dependent children were more common than married or civil partner couple families with dependent children at 7.9 million and 4.8 million families respectively.
The second largest family type was the cohabiting couple family at 3.3 million families followed by 2.9 million lone parent families.
Commentators observe that the laws relating to property ownership and inheritance need to be updated to catch up with modern British society.
There is no such thing as a 'common law wife' or 'common law husband'. This is a frequent misconception.
If a party in a co-habiting relationship dies, there is no automatic right of the survivor to inherit any of their estate. The intestacy rules set out the list of 'who gets what' if someone does not leave a valid will to divide up their assets on their death. The non-married partner does not feature on this list.
If a couple are married or in a civil partnership and they divorce, there are significant legal provisions to deal with how assets are split. There are no such rights if the couple only co-habit.
So, it is vital for a co habiting couple to obtain detailed legal advice when they buy a house to protect their position. It is also crucial for them to prepare a will to ensure that their wishes on death are met.
To discuss any property or will related issue, contact us.
Link to the bulletin: https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/families/bulletins/familiesandhouseholds/2016