Unmarried Couples – Beneficial Rights in Property

Unmarried couples do not have the same rights as if they were married.

There is no such thing as a ‘common law’ marriage. It is a commonly held view, but it is a myth and is not supported by the law.

However, an unmarried partner who lives in the other partner’s property may acquire, over time, a beneficial interest in the property.

This is the case even when the property is in one partner’s sole name.

The Trusts of Land and Appointment of Trustees Act (TOLATA) 1996 is relatively unknown in this country but it’s impact can affect millions of lives as living together (cohabiting) without getting married becomes more popular.

When a cohabiting couple split up, and the property is in one person’s sole name, the other partner may bring a claim for a percentage of the property should that person have contributed to the cost and maintenance of the property.