We're Separating but We're Not Married – What Am I Entitled To?

When a relationship comes to an end, there are often a lot of questions about what happens next. Who gets to stay in the family home? What happens to your savings? Are you entitled to anything if the property is only in your partner's name?

These questions can be particularly worrying if you have been together for a long time, have children together or have contributed financially to a home that you do not legally own.

One of the biggest misconceptions we come across in family law is that couples who have lived together for a number of years have the same legal rights as married couples.

Unfortunately, this is not the case.

In England and Wales, there is no such thing as a "common law marriage", regardless of whether you have been together for 2 years, 10 years or even 30 years.

However, this does not necessarily mean that you have no rights at all.

What Happens to the Family Home?

For many separating couples, the family home is their biggest asset and often the main cause of disagreement.

Your rights will largely depend on who legally owns the property and whether you have any financial interest in it.

++If the property is in joint names:++

If you and your former partner jointly own the property, you will both have legal rights in relation to it.

However, this does not automatically mean that you are entitled to 50% of the equity in every situation.

For example, if you own the property as tenants in common, there may be a declaration of trust setting out the shares that you each own.

If you cannot agree on what should happen to the property, you may need legal advice about your options, including whether the property should be sold or whether one person can buy out the other's interest.

++If the property is in your partner's sole name:++

This is where things can become more complicated.

You do not automatically become entitled to a share of the property simply because you have lived there for several years.

However, depending on your circumstances, you may be able to establish a financial interest in the property.

For example, have you contributed towards the deposit, paid towards the mortgage or funded significant improvements to the property?

These contributions, alongside any agreements or understandings between you and your former partner, may be relevant when considering whether you have a claim.

Such disputes can fall under the Trusts of Land and Appointment of Trustees Act 1996, commonly known as TOLATA.

Every case is different, and it is important to obtain advice before assuming that you are either entitled to half of the property or nothing at all.

Am I Entitled to My Partner's Savings or Pension?

Unlike married couples, unmarried partners do not automatically have the right to make financial claims against each other's savings, pensions or other assets simply because their relationship has ended.

Generally speaking, savings held in your partner's sole name will remain theirs, unless there is a separate legal basis for claiming an interest in them.

Similarly, you cannot ordinarily ask the Court to make a pension sharing order simply because you have lived together for a number of years.

This can come as a shock, particularly where one person has reduced their working hours or given up their career to raise children while the other has continued working and building up their pension.

Unfortunately, the law does not provide unmarried couples with the same financial protections available on divorce.

What If We Have Children Together?

If you have children together, your legal position is slightly different.

Regardless of whether you were married, both parents remain financially responsible for their children.

This means that child maintenance may be payable, depending on your circumstances.

In certain cases, it may also be possible to make an application under Schedule 1 of the Children Act 1989 for financial provision for the benefit of a child.

This can potentially include financial assistance towards housing or other expenses relating to the children.

However, it is important to understand that financial provision for children is different from a financial settlement between former partners.

Any financial provision made under Schedule 1 is intended to meet the needs of the child, rather than compensate a parent for the breakdown of the relationship.

Can I Claim Maintenance From My Ex-Partner?

This is another area where the law differs significantly between married and unmarried couples.

When married couples divorce, there may be circumstances where one person is entitled to receive spousal maintenance from the other.

For unmarried couples, there is generally no equivalent entitlement.

Even if you have been financially dependent on your partner throughout your relationship, they are not automatically required to continue supporting you once you separate.

However, this does not affect any obligation to pay child maintenance or any separate financial provision that may be available for your children.

What If My Ex Refuses to Sell the House?

If you jointly own a property and cannot agree on what should happen to it, there may be legal options available.

For example, an application under TOLATA may allow the Court to determine your respective interests in the property or whether it should be sold.

However, Court proceedings can be expensive and time-consuming, so we would always encourage parties to consider whether an agreement can be reached first.

Negotiations through solicitors or mediation may help you resolve matters without the need for contested proceedings.

What Should I Do If We're Separating?

If you are separating from a partner you are not married to, it is important to understand your legal position before making any significant decisions.

For example, moving out of the family home, agreeing to sell a property or accepting a financial settlement without understanding your rights could have consequences.

We would recommend obtaining legal advice as early as possible, particularly if you jointly own property, have made financial contributions towards a property in your partner's name or have children together.

Even where your legal rights are limited, there may still be options available to help you reach an agreement and move forward.

How Can Harrington Family Law Help?

At Harrington Family Law, we understand that separating from a long-term partner can be incredibly difficult, particularly when you are unsure where you stand financially.

Just because you were not married does not mean that your concerns are any less important.

Our experienced family law solicitors can help you understand your rights, consider whether you have a financial interest in a property and advise you on the options available to resolve any disagreements.

We offer a free 30-minute telephone consultation, giving you the opportunity to discuss your circumstances and understand how we may be able to help.

If you are separating from your partner and are unsure what you may be entitled to, contact Harrington Family Law today.

Please note: This article provides general information about the law in England and Wales and should not be treated as legal advice. Your rights will depend on your individual circumstances, and we recommend obtaining independent legal advice before taking any action.