Cohabitation agreements to safeguard your future

No-one likes to think about a relationship breaking down or splitting up. But the reality is if you are not married or in a civil partnership then your rights if the relationship ends are minimal. If you are not legally recognised as a couple, it makes it very difficult to claim a share in the family home or your ex-partner’s finances if you split. It does not matter if you’ve lived together for years or have children.
Non-married cohabiting relationships continue to increase year on year in the UK and many clients are surprised to learn they have little to no legal protection in case of a relationship breakdown, even if they have children together or have been cohabiting together for decades.
We can give you supportive advice when embarking on cohabitation, including those who may be already living together and wanting to understand their position or those whose cohabiting relationship has broken down.
When married couples or those in a civil partnership separate, the law permits courts to divide property and finances in a manner that is fair and just to both partners.
When unmarried couples separate, even if they have children together or agreed for many decades to split bills or care equally, the partners do not have the same rights. Many clients are unaware that if your name is not on a title deed or a rental agreement, you do not automatically have a right to stay in your home. Even if you have put money into your home by paying bills, helping with the mortgage or deposit, or contributing to upkeep or building work, you could be asked to leave your home and be left with nothing.
If you find yourself in this situation, we would also suggest seeking legal advice early on to find out what option is best for your family.
Cohabitation agreements
These set out your joint intentions for things like finances, property and arrangements for children if you split up. A cohabitation agreement can be completely bespoke and cover whatever you both agree on. Making a cohabitation agreement offers protection in these circumstances, it does not mean that you will split up or that this is more likely. It recognises that it is worth taking precautions to protect yourself and puts your future back into your own hands.
Declaration of Trust and Property
A Declaration of Trust sets out how you want to own a property and in what shares, and can also cover what happens if you split up. If you are purchasing property together but not contributing equal shares, a declaration of trust can provide for each person to get back a fair portion of what they have put in to the property when it is sold.
Wills
Should one partner in an unmarried couple die, 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. Even if the other partner has lived in the joint home for decades, without their name on the deed or as a beneficiary in the will, they could lose their home and any right to proceeds from the sale.