What is classed as cohabiting?

Although there's no legal definition of cohabitation, it generally means living together as a couple without being married or in a civil partnership.

What are my rights during cohabitation disagreements?

Unlike with divorces, there's no comprehensive process for fairly dividing the assets of cohabiting couples. Instead, the relevant laws regarding trusts and property are applied to each asset as a separate entity. If ownership documentation exists clearly stating how equity should be divided, it can be relatively simple. However, disagreements can still be extremely complex – especially when there's no supporting documentation to rely on.

What are my property ownership rights in cohabitation disputes?

There can sometimes be contention over who owns the property you share as a cohabiting couple. If you don't have a cohabitation agreement or a declaration of trust, the situation is resolved using the Trusts of Land and Appointment of Trustees Act 1996 . If you're uncertain where you stand, our specialist cohabitation lawyers can help give you clarity.

What does equitable interest mean for cohabitation?

If a property is owned outright by one member of a cohabiting couple, the other doesn't have any automatic right to it. However, the person who doesn't own the property can argue that they have an "equitable interest" in the property if: They made regular contributions to mortgage payments They have spent money improving the property and increasing its value There was an intention to share ownership of the property Equitable interest in a property can be challenging to prove and the list above isn't exhaustive. The best way to find out if you have an equitable interest is to speak to one of our expert cohabitation lawyers

What happens to child arrangements during a cohabitation breakdown?

If you have children as a cohabiting couple, making arrangements for them will likely take precedence over everything else if you separate. This is a sensitive topic and any decisions need to be made with the children's best interests in mind. If you and your partner are struggling to agree on terms, you may need to apply to the courts for a Child Arrangement Order . If necessary, you can make a claim for the court to enforce the other parent to provide for your child financially. This type of claim would be made under the Schedule 1 Children Act 1989 , which gives the court the power to order periodical payments, lump sum orders and settlement or transfer of property.

Is a cohabitation agreement valid after marriage?

If you have a cohabitation agreement and later get married or enter a civil partnership, the agreement might be taken into account if you later divorce or file to dissolve the partnership. It's possible to specifically state in your cohabitation agreement that it will automatically become invalid if you get married. If you want to have a similar legally binding document during marriage, you can get a prenuptial agreement .

Will drawing up a cohabitation agreement harm my relationship?

Many people see a cohabitation agreement as a sign that they don't believe the relationship will last. However, it can also be a way to work through the key issues you face together and strengthen your relationship. A properly balanced cohabitation agreement won't lead to resentment. Even if one partner is wealthier, the agreement can provide financial protection that helps you both feel secure in the relationship.

What is classed as cohabiting?

Although there is no legal definition of cohabitation, it generally means living together as a couple without being married or in a civil partnership.

What are my rights during cohabitation disagreements?

Unlike with divorces, there is no comprehensive process for fairly dividing the assets of cohabiting couples. Instead, the relevant laws regarding trusts and property are applied to each asset as a separate entity.

What are my property ownership rights regarding cohabitation disputes?

There can sometimes be contention over who owns the property you share as a cohabiting couple. If you don't have a cohabitation agreement or a declaration of trust, the situation is resolved using the Trusts of Land and Appointment of Trustees Act 1996

What happens to child arrangements during a cohabitation breakdown?

If you have children as a cohabiting couple, making arrangements for them will likely take precedence over everything else if you separate. This is a sensitive topic and any decisions need to be made with the children's best interests in mind.

Is a cohabitation agreement valid after marriage?

If you have a cohabitation agreement and later get married or enter a civil partnership, the agreement might be taken into account if you later divorce or file to dissolve the partnership.

Cohabitation

Cohabitation law is often misunderstood, leaving many unmarried couples unaware of their rights.

Put simply, cohabiting couples do not have the same rights as married couples. Because of this, unmarried couples who live together can be at risk without even realising it.

Understanding where you stand legally will help you prevent future problems from arising. The law may be complicated, but we have the expertise and practical experience to advise you. Trust us to protect your finances, agree arrangements for your children or deal with the financial fall-out of a separation.

To find out how we can help you gain peace of mind, get in touch with our team today.

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Offices across England

What is cohabitation?

Cohabitation is when an unmarried couple lives in the same residence. You are cohabiting if you live with someone who you're in a romantic relationship with but are not married to.

Cohabiting couples have fewer rights than married couples or civil partners. There's limited protection if the relationship deteriorates or one partner passes away.

What are my rights when I'm cohabiting?

It's a misconception that there's such a thing as a "common law marriage" and that, after just a few years of living with your partner, you become common law spouses. The truth is that there's no such thing as a common law marriage.

Cohabiting couples aren't treated the same as divorcing couples when they separate. It doesn't matter if you've lived together for decades, run a business together or have children. You still won't have any automatic rights to inherit wealth or property from each other if you separate or one of you passes away.

That's why you should talk to specialist cohabitation lawyers who can help you understand your rights. Contact us to learn more about how we can help you.

How can I protect my rights when cohabiting?

You can protect your rights as a cohabitant with certain written documents. Our expert cohabitation lawyers can help you create legal documents that can reduce some of the uncertainty you may experience if your relationship ends.

Cohabitation agreements

A cohabitation agreement is a legally binding agreement for couples living together. This document explains the financial duties of each person in your relationship. You can use it to explicitly state what you intend to do if your relationship ends.

This agreement can be as concise or detailed as you want it to be. For example, it could set out:

How much each of you should contribute towards household expenses
Who owns expensive items, such as jewellery or vehicles
How a jointly owned property should be dealt with if you separate
What should happen to assets such as pensions or savings should one of you die

If you're cohabiting or planning on moving in with your partner, a cohabitation agreement could help you avoid uncertainty. Making your financial responsibilities clear in the present will help prevent them from causing disagreements in the future.

Our team of expert UK solicitors can help you prepare a legally binding cohabitation agreement or revisit your existing agreement. We can also help make cohabitation agreements for groups of friends or inter-generational families living together. This will help you get the peace of mind you need.

Declarations of trust

A declaration of trust (sometimes called a deed of trust) is a legally binding document that says who owns a property. It can detail different aspects of ownership, such as the amount of financial interest each person has in the property and how the money should be divided if you sell it. It's there to help protect each person's financial interest.

Declarations of trust are usually made at the time of buying a property and there's a specific section in the TR1 Form that deals with this. You should expect your conveyancer to discuss this with you.

As a cohabiting couple, drawing up a declaration of trust can help you avoid uncertainty if your relationship breaks down.

Wills

When a person dies without leaving a valid will, their property is shared out according to the rules of intestacy. These state that only spouses, civil partners and some other close relatives can inherit the property of the deceased person.

Cohabitants aren't eligible to inherit anything from the estate if there's no will. That's why wills for unmarried couples are so important.

Our cohabitation lawyers

When you work with our lawyers, our many years of experience combined with our reputation for finding solutions in even the trickiest of situations means you'll get the comprehensive advice you need in a cost-effective way.

Our cohabitation experience

Our experience is as diverse as the people we help. Here are just a few recent examples of how we help our clients:

A soon-to-be-married client who was due to receive a sizeable inheritance needed our help to produce pre-nuptial agreements, wills and trusts. Our family lawyers worked closely with our tax and estate planning lawyers to deliver these for them, implementing effective wealth protection and limiting future issues.
Grandparents who wanted to give money to their grandchildren, to enable them to buy their first homes, came to us to help them understand the legal consequences of their support and put in place mechanisms to protect their investment.
For other clients, we've successfully pursued and defended claims against family homes and other property, both through the courts and in arbitration.
A client who was looking to achieve financial certainty was very happy when we were able to structure an unusual financial arrangement providing life-long housing and financial support for the mother and child. Our ability to develop a creative solution to a novel problem was praised.
We've also successfully mediated a variety of agreements between parents where questions over the children had arisen or original arrangements had broken down. This helped them avoid the uncertainty, stress and cost of going through the courts and enabled them to reach a bespoke agreement tailored to their circumstances.

Our clients

Cohabiting couples are the fastest-growing family type in the UK. As a result, we help increasingly diverse clients, including:

Blended families
Same-sex families
Young couples
Parents and grandparents providing financial support to their children and grandchildren
Couples who are in business together
Professional and family trustees

Why choose Mills & Reeve for cohabitation lawyers?

Our specialist family lawyers have a wealth of experience providing support and guidance to cohabiting couples. Here are just a few reasons you should choose us:

Our many years of experience and extensive expertise help us give you practical and cost-effective advice.
We have offices in seven major cities throughout England, including London, Leeds and Manchester.
We're committed to giving you an outstanding client experience – and we are guided by our values to stay focused on achieving this.
Our 2022 Fearless Feedback survey showed client satisfaction at 91%.
We're proud to be ranked in prestigious industry lists such as the Financial Times' Innovative Lawyers: Europe and Thomson Reuters' Top 20 UK Law Firm Brand Index 2022.
We're recognised by official and independent bodies such as the Legal 500, Solicitors Regulation Authority, Law Society, and Chambers and Partners.

Get in touch with a specialist cohabitation lawyer today

If you're ready to speak to a member of our team, don't hesitate to contact us today. In addition, you can sign up for updates from Mills & Reeve.

We'll get to know you and find out how we can best help with the cohabitation challenges you're facing.

"You are in safe and capable hands as soon as you walk through the door."

"Couldn't fault the service, especially the promptness of dealing with emails and fitting us in last minute for appointments."

"Mills & Reeve LLP fields a team that provides absolutely first-rate service."

FAQ's about cohabitation

What is classed as cohabiting?

Although there's no legal definition of cohabitation, it generally means living together as a couple without being married or in a civil partnership.
What are my rights during cohabitation disagreements?

Unlike with divorces, there's no comprehensive process for fairly dividing the assets of cohabiting couples. Instead, the relevant laws regarding trusts and property are applied to each asset as a separate entity.

If ownership documentation exists clearly stating how equity should be divided, it can be relatively simple. However, disagreements can still be extremely complex – especially when there's no supporting documentation to rely on.
What are my property ownership rights in cohabitation disputes?

There can sometimes be contention over who owns the property you share as a cohabiting couple. If you don't have a cohabitation agreement or a declaration of trust, the situation is resolved using the Trusts of Land and Appointment of Trustees Act 1996. If you're uncertain where you stand, our specialist cohabitation lawyers can help give you clarity.
What does equitable interest mean for cohabitation?
If a property is owned outright by one member of a cohabiting couple, the other doesn't have any automatic right to it. However, the person who doesn't own the property can argue that they have an "equitable interest" in the property if:
- They made regular contributions to mortgage payments
- They have spent money improving the property and increasing its value
- There was an intention to share ownership of the property
Equitable interest in a property can be challenging to prove and the list above isn't exhaustive. The best way to find out if you have an equitable interest is to speak to one of our expert cohabitation lawyers
What happens to child arrangements during a cohabitation breakdown?

If you have children as a cohabiting couple, making arrangements for them will likely take precedence over everything else if you separate. This is a sensitive topic and any decisions need to be made with the children's best interests in mind.

If you and your partner are struggling to agree on terms, you may need to apply to the courts for a Child Arrangement Order. If necessary, you can make a claim for the court to enforce the other parent to provide for your child financially. This type of claim would be made under the Schedule 1 Children Act 1989, which gives the court the power to order periodical payments, lump sum orders and settlement or transfer of property.
Is a cohabitation agreement valid after marriage?

If you have a cohabitation agreement and later get married or enter a civil partnership, the agreement might be taken into account if you later divorce or file to dissolve the partnership.

It's possible to specifically state in your cohabitation agreement that it will automatically become invalid if you get married. If you want to have a similar legally binding document during marriage, you can get a prenuptial agreement.
Will drawing up a cohabitation agreement harm my relationship?

Many people see a cohabitation agreement as a sign that they don't believe the relationship will last. However, it can also be a way to work through the key issues you face together and strengthen your relationship.

A properly balanced cohabitation agreement won't lead to resentment. Even if one partner is wealthier, the agreement can provide financial protection that helps you both feel secure in the relationship.

Cohabitation solicitors

Cohabitation

What is cohabitation?

What are my rights when I'm cohabiting?