What are the money rights of unmarried couples who break up? (2024)

By Adam Uren for MailOnline

Updated:

60 View comments

Dividing up CD collections is one thing, but splitting finances during a break-up can prove even more painful - particularly if you're not married.

While marriage comes with a series of legal protections in the event of divorce, for unmarried partners the situation is different.

But how is it different and what legal rights do co-habiting partners actually have? Sharon Powell, of law firm Hart Brown, lays out the law.

Protection: Married couples have more financial rights than couples who live together.

Many people believe that where a couple live together as husband and wife that there exists a 'common law marriage' even though they are not actually married.

However, contrary to popular belief, cohabitees do not have the same rights in law as a married couple.

More...

  • Divorce and your pension: How a retirement fund can be divided when you split with your partner
  • I'm 61 and my husband is 52. If we get divorced will I get half his work pension when he retires early at 55?
  • My husband and I are getting divorced, what are the chances of me keeping the family home - and how do we split it if we have to sell?
  • Find a financial adviser near you

It is important that such couples are fully aware that on breakdown of their relationship that the division of 'family assets' and financial support available may be very different from what they envisaged. This includes the following:

The family home

Often the largest asset that a couple will have built up together over time is the family home. On divorce, where agreement has not been reached, the family court can be asked to exercise its wide powers to impose a fair and reasonable solution which can include changing the ownership of the property or altering how much each owns in the property.

Investigation: Not contributing to the purchase or mortgage repayments of the home might leave you with nothing after a break-up.

Property is often used as well as part of pension off-setting agreements, where one spouse gets to keep their private pension, while the other gets the property or cash.

It is not necessary for both parties to have made a monetary contribution to that property. One may have been the breadwinner and the other the homemaker.

The same cannot be said for a co-habitating couple and the law on which they must rely is not particularly tailored for their relationship, but is complex and based on trust law.

If the couple purchased as joint tenants, either of them could apply to the court for an order that the home is to be sold and that the proceeds are to be divided equally between them.

If it's bought as tenants in common then it's assumed that both will have a beneficial interest and the property to the extent that they contributed.

If it's only owned by one of the couple, an investigation has to be made as to whether the other has an interest because they have contributed to its purchase, mortgage repayments or repair and improvement.

If there has been no such contribution, what the parties said to each other or led the other to believe by their conduct may be important and what they intended has to be considered.

Over the passage of time that may have altered or become blurred. It is not uncommon for one of the couple to find that, despite living together in the same home for many years owned by the other, they have no interest in the property because they made no financial contribution to it and there was no indication from the other that it was a joint property.

On separation they may have to leave without any financial help from the other to re-house.

Maintenance

On separation, unmarried are not able to claim maintenance from each other as in the case of a married couple.

However, if there are children then whether the couple are married or not, the natural parent of those children is obliged to pay maintenance.

As a result, the co-habitee may be left with very few sources of income, especially if they have the care of children and are unable to work.

Complicated: Sorting out maintenance payments for children can be a tricky, particularly if one partner demands 'top-up' maintenance.

Children

In addition to maintenance for the children assessed though the Child Maintenance Service where agreement has not been possible, couples whether married or not can seek 'top up' maintenance through the family court to cover additional needs of the children.

The family court can also can make provision of housing to a co-habitee for the children and order one of the co-habitees to provide capital or transfer a house to the other for that purpose if assets are available.

However, when the children reach 18 it usually follows that this capital/home has to be transferred back to the person who provided it.

Pensions

Pensions form an important part of divorce discussions and can be split in one of three ways. A person can keep their whole private pension by offering cash or property to 'off-set' their spouse's right to part of it; they can reserve a portion of it for their spouse in retirement; or they can split their pension now and transfer a cash sum to a pension pot belonging to their spouse.

Co-habitees, however, are unable to make claims against each others' pensions when the relationship breaks down, or against the other's assets.

Some links in this article may be affiliate links. If you click on them we may earn a small commission. That helps us fund This Is Money, and keep it free to use. We do not write articles to promote products. We do not allow any commercial relationship to affect our editorial independence.

What are the money rights of unmarried couples who break up? (2024)

FAQs

Is my girlfriend entitled to anything if we break up? ›

Each unmarried partner is presumed to own his or her own property and debts unless you've deliberately combined your assets--for example, by opening a joint account or putting both names on a deed to your home.

What happens if you split up and are not married? ›

Unmarried couples do not go through divorce like married couples do if they split. As long as unmarried partners can agree on how to divvy up any assets, there's generally no need for lawyers or courts.

What rights do I have if I split up with my partner? ›

At the end of your relationship, a court can give you or your partner rights to the home, for example: the right to stay in your home. the right to come back home to get your things. the right to stop your partner from coming into the home.

How do unmarried couples split finances? ›

Separate: You may want to keep your income and spending totally separate. Each of you would have your personal account for deposits and withdrawals, as well as your credit card accounts for charging and loans for borrowing. Combine: Both of you would manage all income and spending from a joint account.

Can I sue my gf for breaking up with me? ›

Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states, you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.

What are girlfriend rights? ›

California Unmarried Couples Rights

There is no common law marriage in the State of California. This means that if two people live together, there is no statute that confers the rights of married couples upon them. There are situations also where a couple believes that they are married, but they are in fact, not.

What happens if a couple is separated but not divorced? ›

In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.

How many years in a relationship are you considered married? ›

California is not a state that recognizes common-law marriages. This means that, no matter how many years you spend living with a partner, you will not have the rights and privileges of a married couple unless you go through the process of becoming legally married in California.

Are unmarried couples responsible for each other's debt? ›

Like credit, debt is also tied to your individual credit history. So, whether you're married or unmarried, you aren't automatically responsible for your partner's debts.

What to do if partner won't leave? ›

In this case, the police should be contacted. You could also apply for a non-molestation order through the courts if your partner is being violent or causing harm. Even if the house is in your name, you cannot force your partner to leave just because you want to divorce him when there are no safeguarding issues.

What is the walkaway wife syndrome? ›

There's a term for this: walkaway wife syndrome. This term is sometimes used to describe instances where a spouse – often the wife – has felt alone, neglected, and resentful in a deteriorating marriage and decides it's time to end it.

What is it called when you live with someone for 7 years but not married? ›

The myth that you're in a common law marriage if you live together for seven years is just that—a myth. None of the states that recognize these marriages have set a minimum amount of time that you and your partner must live together before your relationship qualifies.

What is the payment between unmarried partners? ›

"Palimony" is basically alimony for unmarried cohabitating couples. Specifically, it's a spousal support-like payment that may be available to unmarried partners who are separating after living together for a period of time.

What is the 50 30 20 rule? ›

The 50-30-20 rule recommends putting 50% of your money toward needs, 30% toward wants, and 20% toward savings.

How do you split finances when breaking up? ›

Agreeing on finances
  1. Make a list of what you own and any debts you have. ...
  2. If you don't know what your possessions are worth, you might need to use experts. ...
  3. Next, work out how you'd like to divide your possessions, and who'll pay bills and loans. ...
  4. Try to agree how you'll support your children, if you have them.

Is a girlfriend entitled to half? ›

Not in California, unless the two of you entered into a written agreement to share your property.

What are the rules after a break up? ›

Here are a few tips that can help you cope with a breakup and move on in a healthy way.
  • Allow for mixed feelings. ...
  • Set healthy boundaries. ...
  • Reconnect with those around you. ...
  • Focus on what you need most. ...
  • Take some time to reflect (when you're ready) ...
  • Reach out for additional support.

What if my gf broke up with me? ›

Recovering from a breakup can be difficult. If you follow some best practices, like avoiding contact and things that remind you of them, you'll have a much easier time moving on to the next phase of your life. However, dealing with a breakup alone can be too challenging for many people. That's where therapy can help.

What happens when you break up with your girlfriend? ›

A breakup is a kind of loss, and it is not uncommon to feel “breakup depression,” or at least a deep sadness, in the aftermath. You may be grieving not just the past relationship, but the future you thought you'd have together. It's normal to grieve the relationship and give yourself time to get past your sadness.

Top Articles
Risk of Rain Returns: Hardest Survivors to Unlock
How to Transfer Money from Coinbase to a Bank Account?
Funny Roblox Id Codes 2023
Devotion Showtimes Near Xscape Theatres Blankenbaker 16
Po Box 7250 Sioux Falls Sd
Fat Hog Prices Today
855-392-7812
Stadium Seats Near Me
Fully Enclosed IP20 Interface Modules To Ensure Safety In Industrial Environment
Find All Subdomains
Es.cvs.com/Otchs/Devoted
Obituaries
Tanger Outlets Sevierville Directory Map
Joe Gorga Zodiac Sign
83600 Block Of 11Th Street East Palmdale Ca
shopping.drugsourceinc.com/imperial | Imperial Health TX AZ
Find The Eagle Hunter High To The East
The Blind Showtimes Near Showcase Cinemas Springdale
3656 Curlew St
Skylar Vox Bra Size
Ratchet & Clank Future: Tools of Destruction
Nurse Logic 2.0 Testing And Remediation Advanced Test
Robert Deshawn Swonger Net Worth
Quest: Broken Home | Sal's Realm of RuneScape
Rufus Benton "Bent" Moulds Jr. Obituary 2024 - Webb & Stephens Funeral Homes
Myhr North Memorial
R. Kelly Net Worth 2024: The King Of R&B's Rise And Fall
Ecampus Scps Login
Baldur's Gate 3: Should You Obey Vlaakith?
Celina Powell Lil Meech Video: A Controversial Encounter Shakes Social Media - Video Reddit Trend
The Creator Showtimes Near R/C Gateway Theater 8
Cowboy Pozisyon
His Only Son Showtimes Near Marquee Cinemas - Wakefield 12
1964 Impala For Sale Craigslist
FSA Award Package
Lininii
Restaurants Near Calvary Cemetery
Calculator Souo
Emily Katherine Correro
404-459-1280
T&J Agnes Theaters
Dr Adj Redist Cadv Prin Amex Charge
Can You Buy Pedialyte On Food Stamps
State Legislatures Icivics Answer Key
Nba Props Covers
How to Quickly Detect GI Stasis in Rabbits (and what to do about it) | The Bunny Lady
Sig Mlok Bayonet Mount
Ohio Road Construction Map
Streameast Io Soccer
Costner-Maloy Funeral Home Obituaries
Latest Posts
Article information

Author: Catherine Tremblay

Last Updated:

Views: 5779

Rating: 4.7 / 5 (67 voted)

Reviews: 90% of readers found this page helpful

Author information

Name: Catherine Tremblay

Birthday: 1999-09-23

Address: Suite 461 73643 Sherril Loaf, Dickinsonland, AZ 47941-2379

Phone: +2678139151039

Job: International Administration Supervisor

Hobby: Dowsing, Snowboarding, Rowing, Beekeeping, Calligraphy, Shooting, Air sports

Introduction: My name is Catherine Tremblay, I am a precious, perfect, tasty, enthusiastic, inexpensive, vast, kind person who loves writing and wants to share my knowledge and understanding with you.