Is the common wife law actually applicable in the UK?

Question

If you live with a partner for some years, but not married and have no joint accounts or proprties, do you actually have obligation towards her/him once you are split up.

Answer 1

No, the expression common law means nothing in British law in actuality, that is why we have the Civil Partnership law.

Answer 2

There is no such thing in UK law as a common law spouse. If you have joint property it doesn't matter if you are married or not, it's treated the same, but if you have no property but your cohabitee does, I have heard of cases where the non-owning partner has made a claim against the property but this is not always successful. If you own a property and you get married, your spouse immediately acquires Matrimonial Home Rights and has a right to live with you in that property. If you then split up, she can register a Matrimonial Home Rights Notice with the Land registry and that will stop you being able to remortgage or sell - you would have to buy her out of her matrimonial home rights. This is why prenuptial agreements are now becoming more common, as are cohabitation agreements.

Always consult a solicitor for reliable advice.

Answer 3

You can.
Let's say a couple co-habit - he goes out and does lotsa manly things like hunt the antelope gather the firewood, or maybe just works in the bank.

She stays back in the cave playing home-maker, maybe raising children, doing all those things that society has convinced HIM that she is supposed to do.

If she can demonstrate that by contributing to the relationship/home/family, she has sacrificed other opportunities (education,career,whatever), then she's entitled to compensation for that, including ongoing payments for the difference between what she IS earning now vs what she WOULD HAVE BEEN earning otherwise. (this works both ways, you can swap all the she's for he's and vice versa).

It all comes down to which one of you gets the best lawyer. (NB best is not necessarily the most expensive - there are some good Legal-Aid/Pro-bono lawyers, too)

Answer 4

No there is no obligation what so ever unless you have children together if there is no children then you are up the river without a paddle.
I think it is bad myself if you have lived together all those years and helped support someone and everything you have has been because you have worked together for it and when you split one of you walks away with nothing it is a disgrace.
It happenend to me and lived in his house but contributed to everything thousands of pound by the way as he had no money to pay his morgage but because it was in his name i could not prove a thing and i stupidly paid him in cash! I left homeless whilst he had house I had payed for.
Lesson learnt make sure your back is covered pay by card or cheque or not at all. Have something drawn up at a solicitor our law stinks for people living together.

Answer 5

There is no legal status of "common law spouse" in UK law.

Without some co-ownership of property, there is basically no ongoing financial commitment after a split - unless there are children, of course.

Civil partnership (referred to above) does not, of course, apply to heterosexual couples - only same-sex relationships.

Answer 6

There is no legal status of 'common law' spouse. The previous answerer is wrong as of course only same sex partnerships can use the new civiil partnership.

Answer 7

Common law refers to court precedents, and--to best answer your question--you need to see what British courts have decided in such cases.

I would say it probably does apply in the UK, since common law originated in the Roman-British legal systems and was passed on to the U.S.

Answer 8

It's a myth, as many people have found out to their cost. It was abolished in 1753 by the Marriage Act.

Answer 9

I htink iti s up to the individual court case, but often the common law partner is favoured if it goes that far

Answer 10

there is no such thing in law as a common law wife/husband so any obligations would be by mutual agreement