The advice Molly-Mae and Tommy need to read as splitting cohabitees

The advice Molly-Mae and Tommy need to read as splitting cohabitees
By: dailymail Posted On: August 17, 2024 View: 69

  • Unmarried couples have far fewer legal rights than those who have tied the knot

Fans of ITV's popular Love Island reality series may have been dismayed this week to hear that one of the show's star couples, Molly-Mae Hague and Tommy Fury, have called it quits on their five-year relationship. 

Fashion influencer Molly-Mae and cruiserweight boxer Tommy, both aged 25, were engaged and have a daughter, 18-month-old Bambi. 

Tommy, the half-brother of boxer Tyson Fury, reportedly moved out of their home in Cheshire before the split was announced by the pair on social media. 

But as an unmarried cohabiting couple splitting up, what rights do they each have to their shared home, could one need to pay maintenance payments to the other, and who controls what happens to their child? 

Happier times: Tommy and Molly-Mae have split after a five-year relationship. The influencer and boxer were engaged and share a daughter, Bambi, aged 18 months

This is Money's columnist Stephen Gold has recently penned a series of pieces that could help them work out exactly that. 

The former judge has explained exactly what the law says about the rights of cohabiting couples - which are very different to those who are married or in a civil partnership. 

First, he outlines the risks that cohabitees need to be aware of - and whether the concept of a 'common-law' husband or wife has any legal backing. 

In his next column, Stephen explains how unmarried couples can draw up a cohabitation agreement - and why this could give them some of the rights that they wouldn't ordinarily have following a break-up. 

The agreements can deal with such topics as who is to own what, how outgoings are to be shared, arrangements for children and pets, pensions, payment of a housekeeping allowance – and even who does the housework. 

The good news for Tommy and Molly-Mae is that it isn't too late for them to draw up such an agreement - if they were both willing - as this still can be done after a separation. 

Screen stars: The couple met on the set of the ITV reality show, Love Island back in 2019

For most couples, the most important financial question following a split is what happens to the family home. 

And unfortunately it appears Tommy may have inadvertently fallen into a classic legal trap for cohabitees. 

Stephen Gold's number one advice for cohabiting couples when it comes to property is that, if one partner is not on the deeds - to get on them.  

But according to Land Registry documents at the time of the purchase, Molly-Mae is the sole owner of the couple's £3.8million home in Cheshire.

Co-parents: Molly-Mae and Tommy will need to work out arrangements for their daughter

If both cohabitees are registered as joint owners of the property, the likelihood is that the property will have to be sold and the sale proceeds shared between them after a split. 

If that's not the case, things get more complicated as Stephen explains. 

Finally, Molly-Mae and Tommy will need to work out what their break-up means, in practical terms, for the care of their daughter. 

This is one area of the law where cohabitees' rights don't differ much from those of married parents. 

In the last column in his series on cohabiting, Gold explains how they could decide how they share their parenting duties, where their daughter will live and what maintenance might be due. 

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