Q I have been with my partner for 5 years. I have a son to him and we have lived together in a flat which he owns. We have now separated and I have moved out. What rights do I have as a "common law wife" ?
A In law there is no such thing as a "common law wife" and your partner has no obligation to provide for you. He has a duty to maintain his son and if agreement cannot be reached the CSA would become involved.
- Can I claim a share of his flat?
A Not merely as a result of having lived together. However, if you contributed towards the upkeep, maintenance or improvement of the property you may be able to establish an interest. However, this is a very complicated area of law and you should seek legal advice.
Q I have been reading in the newspapers that if you have lived together for 2 years you should be entitled to all of the protections of a married couple. Is this correct?
A This issue has been in the news this week because the Law Commission have made recommendations to the Government for a change in the law which would provide for greater rights for cohabitees, as they are considered vulnerable at the moment. However, the Government have not yet decided whether to accept these recommendations. Assuming they did, then they would still have to pass the law through Parliament and this would take some time. For the moment, therefore, I'm afraid that you have no such protections.
Patterson, Glenton & Stracey have 125 years experience of providing legal services to the people of South Tyneside. Their expertise spans the whole range of legal services including property, litigation, matrimonial and wills and probate. Please access their web site at www.pgslaw.co.uk for further information. Advice in this column is for information only and should not be used as the basis of legal action. Questions about legal problems should be forwarded to Keith Swan at Patterson, Glenton & Stracey, Law Court Chambers, South Shields, Tyne & Wear NE33 1AW
