There is no such thing as a “common law spouse” and no automatic right for persons who live together outside of marriage or civil partnership to make financial claims, in the event of the breakdown of the relationship.
However, there are a number of circumstances in which it might be possible to make a fair claim for financial provision. Such circumstances could arise where there are children of the relationship, where the courts would seek to ensure that the children are provided for to a fair standard. The outcome of these cases often depends on the financial position of the parent who does not live with the children, and it is important to ensure that detailed financial information is obtained. It is also vital that the merits of the claim are ascertained at an early stage.
In many cases, including those where there are no children, there will be property issues. It may be necessary to apply for a sale or a transfer of property to realise an interest. It may be that one person is not named on the deeds, requiring an investigation into whether the deeds show the true position, or whether a valuable interest has arisen which is not apparent from the deeds themselves. This could arise in a number of ways. The law in this area is very complex and requires detailed consideration.
The law makes no automatic provision for persons who live together upon death. In the absence of a valid will, it could be that nothing is received at all, or it could be that a will does not make sufficient provision. If you have lived together for more than 2 years, or were being maintained by the deceased immediately before death, we suggest that you take immediate advice as to your possible entitlement. Such claims must be made within strict time limits.
