1. Rights in certain property
It is presumed that each cohabitant has the right to an equal share in any household goods acquired during the period of cohabitation.
There is also a right to an equal share in (1) the money derived from an allowance made by one or other of the cohabitants for household expenses, and/or (2) any property bought out of that derived money. It should be noted that this does not apply to the house that the couple live in.
2. The right to apply for financial provision when a relationship breaks down
Cohabitants have the right to apply to the court for financial provision on the breakdown of the cohabitation.
The court can make the following limited orders:
(a) an order for the payment of a capital sum;
(b) an order to pay money in respect of any economic burden of caring, after the end of the cohabitation, for a child (a person under 16) of the cohabitants;
(c) any interim order that the court thinks is appropriate.
In considering whether to make any of these orders, the court must consider whether (and to what extent) one cohabitant has gained any economic advantage from contributions made by the cohabitant making the application for financial provision. The court must also consider whether (and to what extent) the cohabitant making the application has suffered economic disadvantage in the interests of the other cohabitant, or a relevant child. A relevant child can be a child of the cohabitants or a child accepted as a child of the family. The law in this area is evolving and you should consult a member of the Family Law Association to discuss how it might affect you.
3. The right to apply for financial provision when one of the cohabitants dies
If one cohabitant dies intestate (without making a will), the surviving cohabitant has a right to apply to the court for an award from the deceased cohabitant’s estate. It should be noted that if the deceased spouse had a will, but a portion of the estate was not disposed of by the will, that portion can be subject to a claim.
The award can comprise payment of a sum of money or transfer of property (including heritable property such as the home). The award cannot exceed the amount the cohabitant would have been entitled to if he or she had been married to the deceased cohabitant. The court must take account of certain factors when deciding whether to make an award. These include the size of the deceased cohabitant’s estate, any other benefits the surviving cohabitant will receive, and any other claims against the estate.