Molly Mae and Tommy Fury split: the financial rights for cohabiting couples after Love Island stars breakup

• Tommy Fury and Molly-Mae Hague recently ended their relationship, which garnered significant media attention
• Unlike married couples, cohabiting partners in the UK lack automatic legal rights
• Scotland does offer slightly more protection for cohabiting couples, such as the ability to make financial claims after a breakup
• Cohabiting couples face challenges with property ownership and financial contributions
• Both parents are responsible for supporting their child financially
• To safeguard their interests, cohabiting couples should consider drafting a cohabitation agreement and having open discussions about finances

The recent news of Molly-Mae Hague and Tommy Fury ending their relationship has drawn significant attention.

The couple's journey has been closely followed since they first met on Love Island in 2019.

Having become engaged in July 2023 and welcoming their daughter, Bambi, into the world, their split raises important questions about the legal and financial implications for cohabiting couples - or those that live together.

The UK’s legal landscape for cohabiting couples is different from that of married couples or those in civil partnerships, despite their once-shared lives and commitments.

Despite cohabitation being a common form of partnership, the law has been slow to adapt to modern relationships.

One of the biggest misconceptions is that long-term cohabiting couples have the same rights as married couples under "common-law marriage" - common-law marriage doesn’t even exist in England and Wales...

In Scotland, the law provides slightly more protection for cohabiting couples, but essentially, regardless of how long a couple has lived together, they don’t have the same legal rights as those who are married or in a civil partnership.

When a cohabiting couple breaks up, that lack of legal recognition can lead to confusion and significant personal and financial challenges, as the legal protections and financial claims that married couples enjoy are largely unavailable.

Understanding these issues is crucial for anyone in a cohabiting relationship, especially as they relate to property, finances and future security.

Here we break down five areas in which the breakdown of a cohabiting relationship could impact either or both parties’ personal finances, and what you can do about it.

Property rights

One of the most significant areas where cohabiting couples face challenges after a breakup is in property ownership.

Unlike married couples, where the courts have the power to divide property based on fairness, cohabiting couples are subject to trust and land law principles, which help decide who owns what and who has rights to what share of a property in disputes.

If a cohabiting couple jointly owns a property, their rights depend on the type of ownership. If the property is owned as "joint tenants," both parties have an equal share in the property.

That means that if the property is sold, each party is entitled to 50% of the proceeds, regardless of who contributed more to the purchase or mortgage payments.

But if the property is owned as "tenants in common," the property is divided according to the proportion specified in the ownership deed.

If no specific proportion is mentioned, it may be assumed to be equal shares, but this can be contested if one party contributed significantly more than the other.

When only one party owns the property, the non-owning partner has no automatic right to a share of the property.

To make a claim, they need to establish a "beneficial interest" in the property, often through demonstrating a direct financial contribution to the purchase price, mortgage payments or substantial renovations.

But this can be a complex and costly legal process, and success is not guaranteed.

Financial contributions and household expenses

In many cohabiting relationships, one partner may contribute more to household expenses or even forgo career opportunities to support the other, perhaps by taking on childcare responsibilities.

But unlike in a divorce, where courts can consider these non-financial contributions when dividing assets, cohabiting partners do not have this protection.

This can leave one partner at a significant disadvantage, especially if they have made sacrifices that have benefited the other partner’s financial situation.

Mortgages and deposits

For couples with a joint mortgage, the situation can be complicated. Both parties are liable for the mortgage debt, and the lender can pursue either or both for repayment, regardless of who continues to live in the property after separation.

If one party wishes to remain in the property, they may need to buy out the other party's share, which could require refinancing the mortgage. This process can be challenging if one party's income is insufficient to take on the mortgage alone.

If one party provided the deposit for the property, they might assume that this gives them a greater claim to the property’s value.

But unless this is explicitly stated in a legal document, such as a declaration of trust, the deposit may be considered part of the joint property, especially if the property is owned as joint tenants.

This could lead to disputes over the return of the deposit after separation.

Pensions

Pensions are another area where cohabiting couples face significant disparities compared to married couples.

In the event of a separation, married couples can make claims on each other’s pensions, ensuring that the contributions made during the marriage are fairly divided. Cohabiting couples do not have this right.

If one partner has significantly more in their pension fund, the other partner cannot claim a share of it upon separation.

This can be particularly problematic for the partner who may have taken time out of work, perhaps to raise children, and so has a smaller pension pot.

Child support

While the legal treatment of children is generally the same regardless of whether their parents are married or cohabiting, there are still some important considerations.

Both parents have a legal obligation to support their children financially, and this does not change if they separate.

But issues can arise if the father is not named on the birth certificate, as this can affect his parental rights and responsibilities.

In Tommy Fury and Molly-Mae Hague’s case, both will have parental responsibility for their daughter, Bambi.

If they decide to live separately, Fury may need to make regular child maintenance payments to Hague, depending on the living arrangements for Bambi.

Many couples reach a private arrangement on child support, agreeing on the amount and frequency of payments. If they cannot agree, the Child Maintenance Service (CMS) can calculate and enforce payments.

How to safeguard your rights

There are many legal uncertainties facing cohabiting couples, but there are proactive steps that you can take to protect your interests.

One of the most effective ways to do this is through a cohabitation agreement, which can outline how assets, property and finances will be divided in the event of a breakup.

Such agreements aren’t automatically legally binding, but they are increasingly being recognised by courts, and can provide a clear framework for resolving disputes.

Alongside this, it’s crucial to keep legal documentation like property ownership deeds and pension nominations up to date.

Open and honest discussions about finances, contributions and expectations can also help prevent misunderstandings and ensure that both parties are clear about their rights and responsibilities in the event of a breakup.

Property rights and pensions are particularly thorny areas that can lead to significant financial hardship for the less financially secure partner, but as societal norms evolve, there is growing pressure for legal reforms that provide greater security.

Have you faced similar challenges or found effective ways to manage your own cohabitation issues? Share your thoughts, advice, or questions in the comments section.