Soltalk June 2018 | Page 34

Co-habitants rights. Do they exist? In English law there is no such thing as a “common law marriage”. In fact, the situation for co-habiting couples is causing increasing concern as more than 35% of couples who live together and share property believe they have legal rights which in fact do not exist. This was revealed in a survey carried out by an English law firm recently. a trust relationship. However, trusts are not recognised in Spain so you have to prove your contribution with physical evidence of payments to make any claim on the property. Co-habitation agreements can be drawn up dealing with these issues, but it would be necessary to get detailed advice on how this can affect property rights. The worst thing would be to arrive in this situation without being aware of your rights and obligations, so prevention is always better than cure. A potential problem on separation is that a number of couples live together for many years in a property where the legal title is solely in the name of one of the couple. To prove you have any legal rights, or any right to any of the sale proceeds, can be very difficult and expensive.