CO-HABITATION: FREQUENTLY ASKED QUESTIONS

PROPERTY

1. My partner and I have bought a house together. Do we own 50% each?
   
   Living together or buying together does not automatically entitle you to 50%. It is better to agree the division in a legal document called a declaration of trust, otherwise it can be complicated and expensive to calculate shares. Your share may depend on your financial contribution, and whether you are registered as the house owner. Usually only financial contributions which have increased the value of a property count, but you must have proof. If you have children, different rules apply which may change the outcome. In addition to the declaration of trust, you should make a co-habitation agreement (see below).
   
   
2. My partner and I do not want to marry but want to record that we will live together, and who will be responsible for bills and other outgoings on our home. Can we do this? If so, how?
   
   Ownership of the home and payment of bills should be recorded in a co-habitation agreement. Both of you must receive independent legal advice before entering into the agreement, which should be signed and witnessed.
   
   
3. I have separated from my partner. Can I claim maintenance?
   
   No: spouses can do so but co-habitees cannot - but this may not prevent you claiming against your partner's estate upon death (see below). If there are children of the relationship, the parent no longer living with the children has an obligation to maintain them (see below).

CHILDREN

1. My partner and I have children together. We are not married, do we have equal rights and responsibilities in respect of the children?
   
   No. Married parents have “parental responsibility” for their children, and thus have the right to make important decisions in the child’s life. When a child is born to an unmarried couple, only the mother automatically has parental responsibility However if the father's name appears on the birth certificate after 1st December 2003 the father automatically has parental responsibility too. In the event of a dispute, a parent with parental responsibility has a right to decide whether the child receives medical treatment, what religion the child follows or what school he or she attends. The father can also obtain parental responsibility in several other ways. He might sign an agreement with the child’s mother (which must be registered at court), or the court might order that he has parental responsibility, or he might marry the mother.
   
   
2. My former partner wants to change our child’s surname – can they do this?
   
   The child’s name can usually only be changed with both parents’ agreement, or by a court order. This may be important, for example, if the mother marries again and wants the child to take her new husband’s surname.
   
   
3. My former partner and I are arguing about child maintenance. Can the court be asked to decide? How long must I pay child maintenance?
   
   The court can only make an order for child maintenance if you and your partner reach agreement, or if extra maintenance is needed in special circumstances, for example for education fees or to fund a disability the child may have. If you cannot agree, your former partner can ask the Child Support Agency to assess how much you should pay. Under this system, the parent no longer living with the child will pay a fixed percentage of income as maintenance. For one child the parent will pay 15% of their net income, 20% for two, and 25% for three children or more. Parents must maintain their children until the age of 17 or the end of full-time education (not including university or college), whichever is later.
   
   

DEATH

1. My partner has not made a will – what will happen when he or she dies?
   
   You will receive nothing except your partner's share of certain jointly-owned property. Otherwise your partner's estate will only go to their relatives. Co-habitees must therefore make wills, to ensure that they decide who will benefit when they die.
   
   
2. My partner has died without making a will. Can I claim against his/her estate? Can our children claim against the estate?
   
   If there is no will, or insufficient provision is made in a will, income can be claimed from the deceased’s estate for any dependent children. The surviving partner may also claim against the estate if, immediately before the deceased died, the couple lived as husband and wife for two years or more, or if the deceased was maintaining the surviving partner. Any such claims must be made within 6 months of grant of Representation.