Girlfriend breaking up and taking half of everything

[MunkeyBoy]

A friend of mine was having an argument last night and I was hoping answerbank could clear it up for us.

The argument was this: If I had a girlfriend and we were not married, had no kids and were living together and she was contributing to the finance of the house etc. then we broke up would my girlfriend be entitled to half of everything I own?

What about if I was to die?

I have no idea about law and this is probably common knowledge but at least it should stop my friends arguing.

Thanks

[Champagne]

It is a popular misconception that after a man and a woman have lived together, unmarried, as partners for a certain length of time, their relationship acquires some extra legal status, that they become "common law man and wife", and that, thereafter, if they separate there will have to be a division of their assets (and perhaps even the payment of maintenance) along similar lines to those which apply to married couples who separate or divorce.

In fact, nothing could be further from the truth.

Cohabiting couples can enter into a Deed which will be legally binding upon them, spelling out their wishes for the financial arrangements in the event of their relationship ending. Couples entering into marriage can make a pre-nuptial contract (often in a Deed) - but this is not the final word on the matter and is not, ultimately, binding on a Court if a divorce takes place.

A Cohabitation Deed (or living together agreement) will, by contrast, be legally binding. If the couple were later to marry, then on divorce the Court could choose to impose a different resolution from that envisaged in the Deed.

I hope this clarifies?

[Didwot]

If a childless non married couple separate then they are entitled to what is tehierss, but nothing from one another.
The difficulty arises where assets, usually a property, have been purchased during the relationship with no clear thought being given to who is to own it.
If the property is in joint names then they will (probably) be entitled to half each.
If it is the name of only one of them, then the question arises as to what they agreed bteween one another at the time of purchase, and they may not have the same recollection, or understanding of any conversations. It is, as the above post states, far better to have thought it all out at the begining,and entered into some sort of deed.