Cohabitation

In the UK, there is a belief that if you live with someone you have something called a “common-law marriage”. This unfortunately does not exist, and many people get caught out in the common belief that they acquire legal rights to assets and property if they live together.
Cohabiting couples do not have the same rights as married couples or civil partners, no matter how long they have lived together.

Property ownership depends upon whose name is on the deeds or tenancy agreement, if one partner owns the home, the other party does not automatically gain rights just by living there. If there is a dispute, sometimes a non-owner could claim a “beneficial interest” if they contributed financially (e.g. paid the mortgage, made renovations).

It is important that cohabitation couples protect themselves by entering a Cohabitation Contract bespoke to your particular circumstances as to what will happen in the event of a separation or death of either or both parties.

As well as providing security for each party a Cohabitation Agreement are designed to:

• Provide an understanding of the financial agreement reach and provide financial protection for both parties
• Define any provisions for any children
• Agree how financial obligations such as mortgage, bills and debts are dealt with and maintained.
• Agree and plan for any pets.
• Offer certainty as to how your finances will be dealt with in the future

We recommend that cohabiting couples going through separation seek legal advice at an early stage so that agreements and negotiations can take place. It is always better to try and attempt to resolve matters by agreement without recourse to Court. Court should be a last resort as any dispute involving court proceedings can end up being very expensive.

Whether you and your partner plan to live together (Cohabit), or are already living together and you require advice in order to protect yourself, please do not hesitate to get in touch with us.

Accredited Conveyancing Quality Scheme (CQS) - Bailey Smailes | Helios Legal Services Ltd
Association of Lifetime Lawyers
Accredited Conveyancing Quality Scheme (CQS) - Bailey Smailes | Helios Legal Services Ltd
Association of Lifetime Lawyers

Ian Holmes and David Wells are the STEP accredited Solicitors for Helios Legal Services Ltd

David Wells and Sarah Markham are the Association of Lifetime Lawyers accredited Solicitors for Helios Legal Services Ltd