Whilst many people are concerned about the everyday implications of moving in with a partner, very few consider the legal implications until an issue arises or circumstances change.
This blog post considers some of the most common legal issues and concerns with moving in with a significant other.
When will be considered legal cohabitants?
Not everyone who lives together is a cohabitant in the legal sense. You and your partner will be considered to be cohabitants if you live together as if you were husband and wife, or civil partners.
The law will look at each case on its individual merits and there is no minimum time period for being considered to be cohabitants.
The law will consider;
• Living arrangements
• Financial arrangements (do you have a mutual funds or do you both live independent financial lives?)
• Children
If we live between two separately owned houses, are we cohabitants?
Even if you and your partner own separate houses but both live between the two of them. You could be considered cohabitants. The law describes a cohabitant as a person who is living with another as though they were husband and wife or civil partners. The emphasis is on the relationship itself and not whether you live between one or two homes.
The question of whether or not you are a cohabitant depends more on the quality of your relationship than whether you live between one or two homes
Are there any benefits to being married over cohabiting?
There are some financial benefits to being married, however these will only be beneficial if you are in a relationship that is likely to last.
There is no capital gains tax or inheritance tax payable on transfers between spouses. Inheritence tax may be most relevant where a home is owned jointly by the spouses. When one spouse dies and the home is transferred to the surviving spouse, no inheritance tax is payable.
However, if the marriage does not last there can be very serious financial consequences for married couples. The wealthier spouse may have to pay the other spouse a capital sum, maintenance allowance or even give them the matrimonial home.
What happens if my cohabitee moves out and stops paying?
Where the accounts for bills and utilities are in joint names, creditors can chase either cohabitee for payment.
It is an option to raise a court action in order to force your partner to pay or make contribution to bills. However, the action may be costly and it will usually not be worth it for household bills – all of which may not be covered.
I live in my partner’s house and we are separating, do I have any rights?
Where the house is in the name of one of the partners, the other partner does not have much in the way of rights. You may be able to apply to the court for occupancy rights (the right to stay in the home). An order which grants you occupancy rights can only remain in place for 6 months and will be dependent on your circumstances.
Marriage and Cohabitation Advice Scotland
At McCarthy Law, we know just how complex family life can be. Therefore whether you are looking for advice on child law, parental rights and responsibilities, marriage, divorce or another family law matter altogether, we can help.
Contact us today by calling 0141 337 6678 or by filling out our enquiry form.