A glossary for couples who live together
Lots of new words come up when you move in together, buy a home or separate. Here are the most common ones in England and Wales, explained in a sentence or two.
· 5 min read
This is general information, not legal advice. It covers England and Wales – Scotland and Northern Ireland have their own rules. For your own situation, talk to a solicitor.
What is common-law marriage?
A widespread myth. In England and Wales there is no legal status for couples who live together, however long they have done so. Read more in Cohabiting or married?.
What is a cohabitation agreement?
A written agreement between partners about their rights and obligations towards each other – for example who pays what and what happens if you separate. Citizens Advice suggests a family law solicitor helps you draw one up.
What is a declaration of trust?
A legal document that records how you share a property – for example who put in which part of the deposit. Read more in Buying a home together without being married.
What are joint tenants?
Owners who have equal rights to the whole property. If one dies, the property passes automatically to the other, and it can't be left in a will.
What are tenants in common?
Owners who can hold different shares in a property. Each share can be left in a will, and doesn't pass automatically to the other owner.
What is a beneficial interest?
A share in a home that isn't in your name, for example because of what you paid towards it. An unmarried partner who isn't on the deeds may need to prove one to claim a share. The court can decide the size of a share under section 14 of the Trusts of Land and Appointment of Trustees Act 1996.
What is a joint tenancy?
A rental agreement in both your names. You both have the same rights and responsibilities towards the landlord. Read more in Splitting the rent when you earn different amounts.
What is the single person discount?
25 per cent off the Council Tax bill when only one adult lives in the home. Partners who live together are jointly responsible for the bill.
What is Stamp Duty Land Tax?
The tax you pay when buying a home above a certain price in England and Northern Ireland. First-time buyers pay nothing on the first £300,000, but only if everyone buying is a first-time buyer.
What is parental responsibility?
The legal rights and duties for a child's upbringing. An unmarried father gets it by registering the birth jointly with the mother, and a step-parent can apply for it.
What is child maintenance?
Money a parent who doesn't live with the child pays towards the child's everyday costs. It can be agreed between parents or worked out by the Child Maintenance Service. Read more in Children's costs in a stepfamily.
What is a MIAM?
A Mediation Information and Assessment Meeting, where a mediator explains how mediation works. You usually need to attend one before applying to court about children. Read more in When unmarried couples separate.
What is the High Income Child Benefit Charge?
A tax charge when you or the partner you live with gets Child Benefit and one of you earns over £60,000. The one with the higher income pays it.
Sources
- Living together and marriage – legal differences (England) – Citizens Advice
- Joint property ownership – GOV.UK (HM Land Registry)
- Trusts of Land and Appointment of Trustees Act 1996, section 14 – legislation.gov.uk
- How Council Tax works: Who has to pay – GOV.UK
- Stamp Duty Land Tax – GOV.UK (HM Revenue & Customs)
- Stamp Duty Land Tax: Residential property rates – GOV.UK (HM Revenue & Customs)
- Parental rights and responsibilities: Who has parental responsibility – GOV.UK
- Child Maintenance Service: What child maintenance is – GOV.UK
- Making child arrangements if you divorce or separate: Make an agreement through mediation – GOV.UK
- High Income Child Benefit Charge – GOV.UK (HM Revenue & Customs)