Скачать или смотреть COHABITANTS RIGHTS/ QUALIFIED COHABITANT

I have been with my girlfriend for years and we had a baby 3 years ago.
She always drank a lot but now it's gone out of control.
I told her to go and leave the baby but she won't. She says she has the right to half of my house because of 'cohabitants rights'.
Apparently it's a new law...
Is it? And what is it?
Declan

Hi Declan,
I'm sorry to hear about all the drama you must be experiencing at the moment. Having a baby is probably the biggest decision a person will ever make (even if it wasn't a decision!), everything sort of changes at that point.
Under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act a redress scheme has been introduced for opposite-sex cohabiting couples who are not married. The redress scheme provides for a broadly similar range of orders as are available to married couples when they separate or divorce. 'Redress scheme' pretty much means 'way of applying to the court to have provisions made for you'.
The aim is to provide protection for a financially dependent member of the couple if a long-term cohabiting relationship ends either through death or separation.
Cohabitants are defined in the Act as two same-sex or opposite-sex adults who are:
• Not married to each other and not in a registered civil partnership
• Not related within the prohibited degrees of relationship (broadly speaking, relationships which would make them ineligible to marry each other)
• Living together in an intimate and committed relationship
So you and your girlfriend would qualify as 'cohabitants'.
A financially dependent cohabitant may be able to apply to the courts for redress if the relationship ends as the result of death or otherwise. In order to apply for redress you must be a 'qualified cohabitant', that is, a cohabitant who is:
• A cohabitant for at least 5 years or
• A cohabitant for 2 years if you have had a child with your partner
However, if one of you is still married, then neither of you may be a qualified cohabitant until the married person has been living apart from his/her spouse for at least 4 of the previous 5 years -- in effect, until he or she is entitled to seek a divorce.
So your girlfriend is also a 'qualified cohabitant' in light of the fact that ye have a baby. Without the baby she wouldn't reach the threshold.
The benefit of being a 'qualified cohabitant' is that you can apply for orders such as maintenance orders, property adjustment orders, and pension adjustment orders and related orders such as attachment of earnings orders.
However, you do not have any automatic right to get such orders. The court may make such orders if it is satisfied that you were financially dependent on your cohabitant partner. Essentially, it is a right to apply, not a right!!!
In making the decision about what orders to make the court must take into account a number of factors like:
• The financial circumstances, needs and obligations of each cohabitant
• The rights of others (including the rights of spouses, former spouses, civil partners, former civil partners and dependent children of either partner)
• The duration and nature of the relationship
• The contribution made by each, financial and otherwise
• Such orders may not affect the rights of spouses or former spouses. They may affect the rights of civil partners or former civil partners.
In general you must apply for such orders within 2 years of the end of the relationship but an application for provision from the estate of the deceased partner must be made within 6 months of an application for a grant of probate. In general, such orders will lapse and will no longer be available if you marry or enter a civil partnership.
It's a bit late now but FYI, in the future it is possible to make 'Agreements on financial matters between cohabitant partners'. Such an agreement may include a provision that the redress scheme does not apply to you.
These will work as long as:
• Each of you has had independent legal advice or you have received legal advice together and have waived the right to independent legal advice
• The agreement constitutes a contract
• The agreement has been signed by each of you
A court may set aside or vary a cohabitants' agreement in exceptional circumstances if its enforcement would cause serious injustice. Agreements entered into by cohabitants before the Act commenced are enforceable.
So overall no, she does not have the right to 'half of your house', but at the same time a court won't see her out on her ear so the best thing to do would be to negotiate a settlement between both of you.

Bear in mind that unmarried fathers also have almost no rights of access to their children and courts tend to favour leaving children with mothers.
I do not envy you trying to negotiate this one. It is definitely worth speaking to your solicitor about this because you need far more advice than I'm capable of giving you here and to put a solid plan in place!