01/06/2026
This month we are going to address some common misconceptions in law, starting with family law.
“Common law marriage gives you the same rights as being married”
Megan Wroe, Head of Family Law at Graysons says: “Often, people who cohabit rather than marry, refer to themselves as “common law spouses”, generally because they live together as if they were married, but in fact, there is no such thing as a common law spouse.
It is a complete myth. A cohabiting partner has no claim on any of their partner’s assets unless they can show a legal or equitable interest.
For example, they would have no claim on the other party’s pension, which is often one of the highest value assets a person may have. If the main home is owned in one party’s sole name, rather than jointly, they would have to prove that they have an interest in the property, for example by way of contribution or express agreement.
In contrast, for married couples or those in a civil partnership, all the assets would go into the “joint pot”, whether owned in one person’s sole name or jointly and then consideration would be given as to how those assets should be shared. This could be equally or unequally depending on the circumstances.”
If you would like advice regarding your circumstances, contact our team today.