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.