One of the thorniest issues that arises when a couple separates is what should happen to the home they share. Married couples or those in a civil partnership enjoy legal protection regardless of whether or not they legally own a share of the house. However, the situation for unmarried couples is far more complex. One of the questions frequently asked of our expert family law solicitors is, ‘Can I expel cohabitee from house?’
The answer depends on a variety of factors, including whether the house is owned by you and your ex-partner jointly or if you have children. Here, our family law team explain your legal position in several different scenarios.
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Can I Expel Cohabitee From House If We Are Renting?
Your rights to expel your cohabitee from the house you share when it is rented depend on who is named in the tenancy agreement.
If the tenancy agreement is in both your names, your partner is as entitled as you are to remain in the property if your relationship ends. However, if it is in your sole name, they have no right to continue living in the house and you can ask them to move out.
Can I Expel Cohabitee From House If We Own It Jointly?
No, if you and your partner own the house jointly, you cannot expel them if your relationship breaks down. Instead, you can ask them to buy you out or insist on selling it.
If your ex-partner refuses to cooperate, you can ask the Court to order that the house be sold. Our family law solicitors can help you with that, advising on your rights and preparing the necessary documentation.
Can I Expel Cohabitee From House If It Is In My Sole Name?
Generally speaking, yes, you can expel a cohabitee from your house if you own it in your sole name. There is no such thing as a ‘common law marriage’ under English law, so your ex-partner is not entitled to remain in your house when your relationship ends, or to claim a share in it.
However, there are a few limited exceptions to this general rule. For example, if your partner can prove that they made significant financial contributions to the house, the Court may decide that your joint intention had for it to be owned by you both, regardless of the legal position. Paying for general upkeep will not suffice, but if your partner contributed towards the deposit for the property or funded an extension, for example, they may be able to claim a beneficial interest in it.
Our family law solicitors have vast experience in both bringing and defending claims by cohabitees regarding the home they shared with their ex-partner. The law is incredibly complex, but they will explain your position in plain English and rigorously pursue or defend any claim on your behalf.
Can I Expel Cohabitee From House If It Is In My Sole Name And We Have Children?
While the law offers little protection to unmarried individuals, it will step in to protect the interests of a child whose separating parents are unmarried. This means that if expelling your ex-partner from your house will leave your child with nowhere to live, your ex-partner may be able to apply for Court for an order that the house be transferred to them for a specific period or until your child reaches the age of 18, or be placed in trust for the child’s benefit.
When considering an application of this nature, the Court will consider various factors, including the following:
- The parents’ earning capacities.
- The child’s financial needs.
- Any special needs or disabilities your child has.
- How the child is being educated.
The Court’s overriding concern will always be the welfare of the child and ensuring they have somewhere to live. The Judge will not be concerned with the welfare of your ex-partner.
How To Protect Your Rights As A Cohabitee
The best way to protect your rights as a cohabitee is to enter into a Cohabitation Agreement as soon as you begin living with your partner.
Cohabitation Agreements are a simple, cost-effective way for unmarried couples to protect their rights when they move in with their partner. Two key issues usually addressed in a Cohabitation Agreement are property ownership and what should happen to the couple’s children if their parents separate. Addressing these important issues when you both have clear heads minimises the potential for disputes if your relationship breaks down and gives you peace of mind that your interests, and those of your children, are protected.
Cohabitation Agreements are usually legally enforceable, provided they satisfy the relevant criteria. For example, both parties must take legal advice on the effects of the agreement and the agreement must be fair.
Our family law solicitors regularly advise unmarried couples wishing to explore the possibility of putting a Cohabitation Agreement in place. They will ensure the agreement is clear, legally enforceable, and protects your position in the event of a split.
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