Cohabitation Lawyer
Living together without being married or in a civil partnership is increasingly common. When you build a life together in this way, it is crucial to understand that the law does not afford you the same legal protections as married couples. Many people mistakenly believe in the concept of a ‘common law marriage’, but this status does not exist in the law in England and Wales, leaving many unmarried couples vulnerable if the relationship ends or one partner passes away.
At JMW, our expert family law solicitors provide strategic, sensitive advice to help you secure your future. We enable unmarried couples to protect their finances, and gain clarity and certainty over their living arrangements. Whether you are planning to move in together, are already cohabiting, or are navigating a separation, we provide tailored advice to protect your assets and interests.
To speak with a specialist cohabitation lawyer today, call us on 0345 872 6666 or complete our online enquiry form for a call back at your convenience.
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What Our Clients Say
We assist clients at every stage of a cohabiting relationship by providing strategic advice on property ownership, financial arrangements, and the steps to take if disagreements arise. Our support includes preparing legally robust documents, resolving disputes, and working across specialist areas of law to protect your interests.
Cohabitation Agreements
A cohabitation agreement is a document that sets out how financial responsibilities will be shared while you are living together and what should happen if the relationship ends. These agreements can be simple or detailed, depending on your circumstances. They can address:
- Contributions to household expenses and household bills.
- Ownership of valuables, such as cars, jewellery, or other personal assets.
- How jointly owned assets, including a shared home, will be divided.
- Any financial support one partner may provide to the other.
Our solicitors regularly prepare bespoke cohabitation agreements for unmarried couples, ensuring that the document reflects your personal circumstances and offers clear, practical protection if the relationship breaks down.
Declarations of Trust
Where a property is involved, a declaration of trust can be essential. This legal document records the shares each partner owns in a property, either at the point of purchase or later in the relationship. It can confirm:
- The percentage of equity each partner holds.
- Whether one partner has a fixed financial interest.
- How the proceeds of a sale will be divided.
Declarations of trust are especially important where contributions are unequal, a parent has provided financial help, or one person moves into a property legally owned by the other. Our team will advise on the structure that best protects your financial interest.
Learn more about how we can assist with declarations of trust.
Wills and Estate Planning for Cohabiting Couples
Unlike married couples, cohabitants do not automatically inherit if their partner dies without a will. This can leave the surviving partner without financial protection and at risk of losing their home or other assets.
We work closely with our private client team to ensure your wishes are properly documented in a legally binding way and to protect partners and children who may not otherwise be recognised by the intestacy rules.
For more information on making a will, visit our will writing page.
Cohabitation Disputes
When a cohabiting relationship ends, disputes can arise about property, contributions, debts, or the division of assets. Because the law treats each asset as a separate entity, cohabitation disputes can sometimes be straightforward but are often legally complex, especially if there is no express declaration of trust or if the evidence is unclear.
We assist with all types of cohabitation disputes, including:
- Joint ownership cases where one party refuses to sell.
- Disagreements about loans or gifts from parents or relatives.
- Claims by a partner who is not the legal owner but believes they have a financial interest.
- Situations where partners have been in business together as well as cohabiting.
Our cohabitation dispute solicitors resolve many cases through negotiation or non-court dispute resolution. Where court proceedings become necessary, we act decisively to initiate or defend a claim and safeguard your position.
In addition to these core services, we can provide support with the following matters:
- Making arrangements for children after separation
- Alternative families and fertility law
- Entering into prenuptial or pre-partnership agreements
- Financial provision for children under Schedule 1 of the Children Act 1989
As a full-service law firm, JMW provides access to a wide range of expertise across property, civil litigation, family law, and trusts, enabling us to advise on even the most complex arrangements and ensure every aspect of your situation is considered. We have been recognised by the Legal 500, Chambers & Partners, and the Spear’s 500 for our work in family law, and with offices in Manchester, Liverpool and London, JMW delivers exceptional service wherever you are based - whether in the UK or overseas.
Meet Our Team of Family Law Experts
Our dedicated family law team provides expert advice and compassionate support for unmarried couples. We are here to help you understand your legal rights and protect your interests, whether you are planning your future together or navigating a difficult separation.
Case Studies
What Are the Legal Rights of Cohabiting Couples?
Many people believe that living together for a certain number of years gives partners the same rights as married couples. This is a common misconception. There is no such thing as a common law marriage under the law of England and Wales, and cohabiting couples do not automatically gain legal rights over each other’s property, assets, or finances, no matter how long they have been together.
For unmarried couples, this lack of automatic protection can create real uncertainty if the relationship ends or if one partner dies without a will. Without formal arrangements in place, you do not automatically have the right to:
- Receive a share in your partner’s property, even if you have contributed to household expenses, renovations, or general upkeep.
- Inherit from your partner’s estate if they die without leaving a valid will.
- Receive ongoing financial support from your partner after the relationship breaks down.
Because the rights of cohabiting couples differ so significantly from those of married couples or civil partners, understanding your position is essential. Our family law solicitors advise cohabiting couples on how the law applies to their situation and the steps they can take to protect their financial interests, secure their home, and plan for the future.
How Does a Cohabitation Agreement Protect You?
The most effective way for an unmarried couple to gain legal protection and financial certainty is by creating a cohabitation agreement. This is a document that sets out your intentions for financial matters, property, and other assets both during your relationship and in the event that it ends.
A well-drafted cohabitation agreement provides clarity and security. An experienced family law solicitor can help you create a bespoke agreement that might cover:
- Property ownership: How a shared property is owned and how the equity would be divided if you separate.
- Financial contributions: How household bills, mortgage payments, and other household expenses will be managed.
- Personal assets: Clarification on the ownership of valuable items, from cars and jewellery to savings and investments.
- Debts: Responsibility for any jointly owned debts or personal debts.
- Child arrangements: While separate from financial matters, it can outline intentions for children, though a separate child arrangements order may be needed for legal standing.
Creating your own cohabitation agreement provides peace of mind, allowing you and your partner to enjoy your life together, knowing that a fair framework is in place for the future.
FAQs About Cohabitation Agreements
- What is a cohabitation agreement?
A cohabitation agreement serves as a documented record of what you and your partner have agreed upon regarding the ownership and sharing of various aspects of your life. It establishes the conditions under which a cohabiting couple lives together and addresses the outcomes in case the relationship terminates. A cohabitation agreement is designed to offer evidence of 'intention' and hopefully prevent future litigation.
A cohabitation agreement (sometimes referred to as a 'living together agreement') has the following key objectives:
- It determines how the parties will cohabit on a daily basis, addressing issues like bill payments and home ownership.
- In the event the parties do not stay together, it aims to facilitate an amicable separation by outlining the responsibilities and entitlements of each individual.
- If relevant, it specifies the property owned separately by each party at the time the agreement is made.
- A cohabitation agreement encourages you to contemplate straightforward and equitable ways to organise your day-to-day finances, ensuring that if your relationship concludes, neither party suffers financial loss, unless previously agreed upon.
- What is the main difference between cohabitation and marriage?
Cohabiting couples possess significantly fewer rights than married couples. When a married couple divorces, there are legal provisions dictating how the court should handle financial arrangements such as property division and maintenance. Conversely, when a cohabiting couple parts ways, there are no legal provisions for maintenance or property redistribution.
- Do I need a lawyer for a cohabitation agreement?
While it is possible to write your own cohabitation agreement, it is highly recommended that you seek independent legal advice from a specialist cohabitation agreement lawyer. A family law solicitor will ensure the agreement is properly drafted, legally sound, and tailored to your personal circumstances. For the agreement to carry the maximum weight possible, both partners must, ideally, have had the opportunity to receive independent legal advice.
- How much does a cohabitation agreement cost?
The cohabitation agreement cost can vary depending on the complexity of your financial arrangements and the assets involved. At JMW, we provide a clear and transparent fee structure. We recommend discussing your specific circumstances with one of our family solicitors during an initial consultation to get a precise quote. Investing in a professionally drafted agreement provides significant financial certainty and can save on expensive legal fees from future cohabitation disputes.
- When should a cohabitation agreement be made?
A cohabitation agreement is best established when you are preparing to move in together. However, from a legal standpoint, nothing prevents a couple from entering into an agreement at any point during their cohabitation. It is still a good idea even if you have been living together for 10 years or longer.
- Can a cohabitation agreement be contested?
A cohabitation agreement can be challenged in court, but if it was correctly drafted, with both parties receiving independent legal advice and providing full financial disclosure, it is likely to be upheld. The court will look for evidence that the agreement is fair and that neither party was under duress when signing.
- What should be included in a cohabitation agreement?
A comprehensive cohabitation agreement should cover all key financial aspects of your life together. This includes ownership of property, division of assets if the relationship ends, management of bank accounts and debts, and contributions to household expenses. It can also outline arrangements for pets and personal belongings.
- What evidence is needed to prove cohabitation?
To prove a cohabiting relationship for legal purposes (for example, in a cohabitation dispute), evidence may be required to demonstrate the nature of your living arrangements. This can include documents like joint bank statements, utility bills in both names, tenancy agreements, and evidence of a shared social and family life.
- What legal rights do cohabiting couples have upon separation?
Cohabiting couples' separation rights are very different from those of married couples. There are no automatic rights to maintenance or a share of the other's property. Any claims must be made through complex property and trust law, such as through the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), to establish a financial interest in a property. For couples with children, claims can be made for financial provision for the child under Schedule 1 of the Children Act 1989.
- My partner and I are separating. They refuse to sell our home or discuss buying me out. Can you help?
Many property disputes of this nature are resolved through negotiation or non-court dispute resolution. However, if agreement cannot be reached, an application under TOLATA may be required for the court to order the sale of the property and determine how the proceeds should be divided. This is usually a last resort, but it ensures a resolution where negotiations have stalled. JMW can support you through an alternative dispute resolution process or to apply to the court where necessary.
- Do I have any rights if I live in my partner’s property and it is in their name only?
It is possible for a person who is not the legal owner of a property, but has nevertheless made certain types of contribution towards it, to argue that they have a financial interest in it.
Because disputes in these situations can be complex and sometimes involve years of evidence, it is important to take early advice. A cohabitation agreement or declaration of trust can avoid uncertainty from the outset.
Talk to Us
Whether you need proactive advice on a cohabitation agreement or require legal representation for a cohabitation dispute, our specialist family law team is here to help. To speak to a cohabitation solicitor, contact JMW by calling 0345 872 6666, or fill in our online enquiry form to request a call back.
