Frequently asked questions
Cohabitation
Q: Although we live together, my partner and I are not legally married. What rights will I have as his common law wife if we separate?
A: The concept of a common law wife does not exist under the law of England and Wales. Therefore, you will not be entitled to seek maintenance from your partner nor a transfer of the family home to you. If you have jointly owned assets, they may be divided up according to trust law. This is highly complicated and often depends on what you and your partner agreed when the asset was bought or on what the legal documentation states or on what you have each contributed.
You will be entitled to seek a court order to prevent physical abuse and, in certain cases, to exclude your partner from the home. If you and your partner have children, you may be entitled to seek capital provision for them and, in addition, the Child Support Agency will calculate child support to be paid for them.
