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Money and Debt

In our survey nearly two-thirds of people interviewed believed that cohabiting couples have a legal responsibility to support each other financially, just as married couples do. This is not true. If you live together you have no legal responsibility to support each other - while you are living together or after you split up.


However, if you make a claim for means-tested benefits, you are treated as if you are supporting each other, and your partner’s income and savings will be taken into account in any claim you make. For more information about living together and benefits see our Benefits and LivingTogether section.

Maintenance

Contrary to popular belief, if you split up you will not be entitled to receive maintenance payments for yourself. It doesn’t matter how long you have lived together, or that you may have given up your job to look after the home or your children.

Child support

The fact that you’re not married makes no difference when it comes to financial responsibility for children. You must pay child support for your biological children, or any child that you have formally adopted. You do not have any responsibility to pay child support for children who are not your own. Your responsibility to pay maintenance for your child is not linked to your right to make decisions concerning their future (parental responsibility), or whether you see them or not.

Debts

You are not responsible for debts in anybody else’s name. You will only be liable if the debt is in your name. Where loans or credit agreements are in both names you are both responsible for the whole debt. If your partner doesn’t pay their half of the debt you can’t just say “here’s my half, talk to him about the rest”; you are still legally responsible for the other half as well.

If you are being asked to pay debts that you don’t think you are liable for you should seek advice.

Need info because you have recently split up with someone? Go to our Breaking Up section

However, when companies calculate your credit rating they often take into account the credit rating of other people at your address. You can ask them to stop this and remove other people from your file, even if they are your partner. But if there is clear financial connection between you (i.e. if you have a joint account together or a credit card in both your names) they may refuse.

March 2007

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Use the Community Legal Advice website to find an adviser or solicitor in your area.
Go to www.communitylegaladvice.org.uk or find other sources of help.

Married or not - One Plus One

Advice Now Web 0010 Op

Married or not looks at the differences between marriage and cohabitation, what your rights are, and how to raise some of the trickier issues with your partner.

One Plus One are partners in the LivingTogether project,

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