Cohabiting: what legal protection have I should we break up?
Many couples living together make a verbal agreement over finances, where one pays the mortgage and the other pays the bills.
It does not matter if you’ve lived together for years or have children. If you are unmarried or not in a civil partnership, you are not legally recognised as a couple, making it very difficult to claim a share in the family home or your partner’s finances if you split.
Many couples believe that they will be entitled to legal protection should they break up if they are not married or in a civil partnership, but without having an agreement in place, the court can’t make your ex-partner pay maintenance to support you even if this might be viewed as fair and just.
There are a number of options which can help ensure a fair and just settlement.
- Cohabitation agreement
- Declaration of Trust
Wills can also be important to consider. If one partner in an unmarried couple dies, the other does not have an automatic right to inherit your share of the property or possessions, without this being spelled out in a will.