Family Mythbusters: “I’m his common law wife” & others

Our experts in the family department share and correct some of the most common myths regularly heard in relation to divorce, child arrangements and finances.

Myth #1: If we separate after living together, I’m entitled to half of the house

If you are married, then the property in which you both live is classed as the family home and could be considered a matrimonial asset on divorce. It will depend on many factors, such as how long you have been married etc as to whether this asset will be divided equally.

Contrast that with couples who are not married.  In most cases, the names on the title deeds confirm ownership of the house and it is very difficult to establish that you have a financial interest in it if the property is not in your name or owned jointly. We recommend that unmarried partners owning property should enter into a declaration to record the shares each of them owns in the equity.