Cohabitation Agreement Solicitors

When couples decide to live together, it’s worth considering a cohabitation agreement, or a Deed of Trust to set out your intentions. These agreements help clarify property ownership, asset division, and financial responsibilities, providing clarity and protection in case of separation.

Why consider a Cohabitation Agreement?

Cohabitation agreements can help prevent disputes and avoid lengthy court battles by establishing clear property and financial arrangements. Consider these common scenarios:

1. One partner owns the home: If one partner owns the property and the other moves in, questions about ownership or financial contributions may arise.
2. Joint ownership with unequal contributions: If a property is purchased jointly but one partner contributes more  towards the deposit, mortgage, or renovations, an agreements can ensure their investment is protected.

Without a formal agreement, disagreements over ownership, contributions, or family support—such as deposits funded by relatives—can lead to disputes and potentially costly court proceedings.

What can be included in a cohabitation agreement?

A cohabitation agreement is tailored to your needs. It can address:

• Property ownership and contributions.
• Treatment of other assets as joint or separate.
• Child maintenance, bill payments, and mortgage responsibilities.
• Pet arrangements upon separation.

These agreements provide a clear roadmap for couples, offering reassurance and reducing the risk of misunderstandings.

The myth of the ‘common law spouse’

Many believe cohabiting couples have the same rights as married couples under the term “common law spouse.” However, this term has no legal standing. Cohabiting couples do not benefit from the same protections afforded to married couples under the law. 

Why create a cohabitation agreement?

The law around cohabitation is complex and inconsistent. While cohabitation agreements are not always legally binding, they strongly indicate your intentions and are often upheld by courts. In their absence, disputes are resolved using trust law or, where children are involved, the Children Act—both of which can be difficult to navigate.

Tax and bereavement considerations for cohabiting couples

Cohabiting couples face unique challenges regarding tax and inheritance:

• Tax implications: Cohabiting couples don’t benefit from the same tax advantages as married couples, which can result in unexpected liabilities.
• Inheritance issues: If one partner passes away, the surviving partner may not automatically inherit, even after years of living together. Without a will, inheritance claims often require court applications.

Cohabitation legal advice

Our specialist cohabitation lawyers offer expert advice tailored to your unique circumstances. We’ll help you understand your options and recommend the best solution to protect your interests. Working closely with our wills and tax teams, we provide comprehensive guidance to ensure every aspect of your future is considered.