Cohabitation rights UK and new laws for cohabiting couples

The key legal difference between married and cohabiting couples is the financial provisions the court can make for the other party when they separate. These are much more limited for cohabiting couples.

For confidential advice on cohabitation issues from expert cohabitation solicitors please contact our Client Care Team.

Broadly speaking, the court will look at the intentions of the cohabiting couple splitting up in relation to any property you own.

It may be that there is written evidence showing how the couple agreed any property should be owned, for example. This could be in equal shares, in unequal shares; or one partner owning the property in its entirety.

If there is no written evidence, then the court will look at each party’s actions and intentions. It is the person who asserts that the shared intention was different to how the property is owned on paper who has to prove to the court that this was the case, which can be very difficult to do.

Even if you contributed most of the deposit for the purchase of the property or you have paid all the mortgage instalments you would ordinarily only be entitled to half unless it was agreed otherwise, in writing.

One way is to draw together a cohabitation  agreement that details, amongst other things, how property, capital and assets are owned and should be divided; arrangements for children; finances (mortgage and bank accounts) and next of kin.

To ensure that the cohabitation agreement covers these matters correctly and gives full legal effect, you should consult one of the family law specialists at Stowe. For example, if you are about to purchase a property with a partner it is essential that, before the sale takes place, ownership of that property is agreed and reflected in an appropriate declaration of trust.

As many people formerly in a cohabiting relationship have discovered to their cost, making claims about what may or may not have been agreed upon years before is unlikely to sway family courts without clear supporting evidence.

Whenever we assist our clients with cohabitation agreements at Stowe Family Law, we also make additional recommendations to safeguard our clients’ assets and intentions. One of these we make to all cohabiting clients is that they make a will and insure their lives. The latter is especially important if you are a financial provider with dependents or other financial obligations.

Alternatively, consider a declaration of trust. This is a document that confirms the proportions in which two or more individuals own a property; for example, the amount of equity each party has or how it will be spilt should the relationship break down.