If you are thinking of moving in with someone or you already live together, a cohabitation agreement can provide a level of financial security for the future.
Unlike married couples, unmarried couples have few rights and, should you separate, you may find yourself in a difficult situation. Our cohabitation solicitors in London can provide you with an agreement that sets out how you and your partner would like matters justly dealt with, both during your relationship and in the event that you split up.
Having an agreement in place can help you and your partner deal openly with financial matters and reduce the likelihood of disagreements. It will also protect your position in the event that you do not stay together.
Our cohabitation solicitors have experience with providing advice and cohabitation agreements to couples with a wide range of needs. Our services include:
- Advice on whether a cohabitation agreement is the right choice for your circumstances
- Preparing and negotiating cohabitation agreements
- Advice if you have been presented with a cohabitation agreement to sign
- Advice if you are separating from an unmarried partner
For more information on our services, see our family law solicitors in London page.
Speak to our cohabitation solicitors in London today
Contact our expert cohabitation lawyers in London now by calling 0330 025 0176 or by using the contact form for a prompt response.
How our cohabitation solicitors can help you
Advice on whether a cohabitation agreement is the right choice for your circumstances
If you are going to live with someone, you are advised to consider whether a cohabiting agreement will protect your interests. This can be particularly important in the following circumstances:
- You will be sharing a property, but your name is not on the title deeds
- You may have children and are considering giving up your career to care for them
- You would like to define who will take responsibility for debts
- You want to specify ownership of particular assets such as cars, furniture, or pets
Preparing and negotiating cohabitation agreements
Our cohabitation agreement solicitors will assess your situation and suggest which clauses should be included in a cohabitation agreement that will provide you with the protection and security that you need. If needed, we can negotiate on your behalf until both parties reach a mutual agreement.
Advice for if you have been presented with a cohabitation agreement to sign
If you have been asked to sign a cohabitation agreement, you should take independent legal advice before going ahead. We can advise you on the agreement and ensure that you have a full picture of your partner’s financial position.
Where necessary, we can request amendments to the agreement to ensure that it is in your best interests.
Advice for if you are separating from an unmarried partner
We will provide advice and representation if you are separating from your partner. In particular, we can advise you on your rights in respect of shared property. If your name is not on the title deeds but you have contributed towards the property on the understanding that you will have a share of it, you may be able to make a claim under the Trusts of Land and Appointment of Trustees Act 1996, known as a TOLATA claim.
Cohabitation FAQs
What is a cohabitation agreement?
A cohabitation agreement, sometimes referred to as a living together agreement, is a legally binding contract made between individuals who will be living together. Each contract is unique and tailored to your needs but typically covers the following issues:
- How your finances will be dealt with while you are living together, including who will be responsible for debts and bills
- Who owns any shared property
- What will happen to shared property should you separate, including:
- How it will be valued
- What proportion each party is entitled to
- Who will have the right to live in the property
- Whether one party can buy out the other party’s share
- What will happen to assets acquired together during the relationship
- Provision for someone who gives up their career to care for children
- Who will take ownership of the pets should you separate
What are cohabiting couples entitled to?
Cohabiting couples have very limited rights in respect of each other’s assets. Furthermore there is no automatic provision for an unmarried person should their partner die without making a Will.
If you contributed towards a property but your name was not on the title deeds, it can be difficult to claim a share.
For these reasons, it is crucial to consider putting the right legal foundation in place for your relationship, including documents such as a cohabiting agreement, a declaration of trust in respect of property, and a Will.
Who gets the house when an unmarried couple splits up in the UK?
Ownership of property when an unmarried couple splits up will depend on the way in which the property is owned. The options are:
- Joint ownership as joint tenants
- Joint ownership as tenants in common
- Ownership by one party
Joint tenants
When a property is owned by joint tenants, both owners hold the property together. If one dies, the other will automatically own the whole property, and it does not pass under the terms of that person’s Will. This means that if you are unmarried and do not have a Will but hold a property as joint tenants, the property will be yours in the event of the other person’s death.
If you separate, you would usually share the sale proceeds equally.
Tenants in common
If property is held as tenants in common, then each owner owns a specified share. It does not need to be half each. For example, if one person contributed more towards the purchase price, they could have a 75% share while the other person could have a 25% share.
If one of you were to die, then their share would pass under the terms of their Will. or, if they do not have a Will, under the Rules of Intestacy. These rules do not make any provision for a cohabiting partner, which could mean that the survivor would have to leave the property if the person who were to inherit the other share wanted to sell.
In the event of a separation, you would each be entitled to your specified share of the property as set out in the transfer document or declaration of trust.
Property in a sole name
If your partner is the only person named on the title deeds, then they could claim the whole property if you were to split up.
If you have made contributions towards the property or paid bills that allowed your partner to pay the mortgage on the understanding that you would have a share of the property, you may be able to make a claim.
This is the aforementioned TOLATA claim. Due to the complexity of this claim, we strongly advise that you avoid this outcome by instead establishing a clear cohabitation agreement or declaration of trust from the outset of the living arrangement.
How much does a cohabitation agreement cost?
The cost of a cohabitation agreement will depend on its complexity and the extent of the assets to be dealt with. If you would like to discuss costs, please feel free to call us, and we will be happy to give you an estimate.
In the long run, a cohabitation agreement or living together agreement can prove cost-effective if it prevents misunderstandings and legal disputes.
Is a cohabitation agreement legally binding?
Provided that the document has been correctly drafted and executed, a cohabitation is a legally binding contract.
You must both have entered into it freely, have disclosed your full financial situation to each other, and mutually understood the implications of signing. To comply with the requirements, you should both take independent legal advice on the agreement before signing it.
Speak to our cohabitation solicitors in London today
Contact our expert cohabitation lawyers in London now by calling 0330 025 0176 or use the contact form for a prompt response.