Cohabitation Agreement Solicitors

The breakdown of an unmarried relationship gives rise to similarly important issues as a marriage breakdown. However, your legal rights are different, so it is really important to get early, expert advice.

When you are considering whether to move in with a partner, it is important to talk about how you will manage your financial affairs and responsibilities. It is particularly so when one of you owns the property in which you will be living.

A cohabitation agreement is tailored to the circumstances of your relationship but details what will happen financially whilst you live together, and also where you will both stand if you separate.

At Harrowells, our cohabitation agreement solicitors in York, Clifton Moor, Haxby, Easingwold, Thirsk, Pocklington and Malton are routinely instructed to give advice on cohabitation rights, and whether there is any cohabitation law. There is a common myth or misconception that if you live together, you may develop rights and entitlements from a common law marriage. However, in England there is no such thing, and you have very limited legal protection when you separate.

Read our article 'do I have a common law marriage?'

If you are inviting a partner to live with you, or if you are already living together and are making financial contributions which are not regulated then our team of cohabitation solicitors at Harrowells will be able to advise you on how best to safeguard your interests.

Read our article 'what are your rights to property after separation?'

If you believe the legal ownership of the property does not reflect your financial interest, Harrowells are experts in providing advice for unmarried couples who are going through a separation and need to understand their financial responsibilities and entitlements.

Contact our expert cohabitation agreement solicitors

Our cohabitation agreement solicitors’ reputation for offering clear, effective advice is growing and, together with independent recognition of our Family Law expertise by Legal 500, means we advise clients right across the country.

It is very straightforward to arrange meetings by video or telephone, as you prefer, so that we can provide you with the information, advice and reassurance that your interests will be secured and protected. If you live locally, you also have the option to meet us at one of our offices. Call our cohabitation agreement solicitors or email us for a confidential initial discussion so we can understand your situation and explain how we can help you. We can be flexible and schedule our initial meeting with you outside normal office hours if that better suits your circumstances.

Cohabitation and Property

If you are moving in with your partner and have no intention to marry, you should draw up a living together agreement so that you both know where you stand if the relationship breaks down.

If a cohabiting couple who are not married separate, they do not have the same rights to share the money in a property as a married couple would. In general, unless you are a joint legal owner of the property, you will have no financial interest.

The first question is do you own the property in your sole name, or jointly? If you own it jointly, is that as joint tenants or tenants in common? It is also vital to find out whether there is a declaration of trust which will identify your respective interests in the property.

If you jointly own the property then it is likely that it any equity in it will be shared equally and the property will either need to be sold, or one party will need to ‘buy out’ the other’s interest.

If there is a joint mortgage, then you will be responsible for this whether you live in the property or not so it is vital that you agree how this will be paid pending a sale. If you move out, then your ex-partner may need to pay you ‘occupation rent’ and taking advice from a solicitor about that at an early stage is vital.

However, depending on how your joint finances have been arranged it may not be as simple as following the legal ownership. One party may assert that they have acquired an interest (or a greater interest than envisaged) due to financial contributions or a change in the couple’s common intentions during the currency of the relationship.

If you believe the legal ownership of the property does not reflect your financial interest, Harrowells are experts in providing cohabitation legal advice for unmarried couples who are going through a separation and need to understand their financial responsibilities and entitlements.

Cohabitation and Children

Having children when you are living together, but are not married does not give you rights to your partner’s property or assets. You will however still be entitled to child maintenance as if you were married.

However, there is some protection that may be available to secure financial assistance from one parent if the other needs support to meet the child’s needs. That can take the form of provision for housing or school fees. You should take advice from a cohabitation solicitor before moving out of the home to understand what claims you may be able to make.

Separation for Unmarried Couples

There is no common law marriage in England. The rights of unmarried couples are very different than for married couples, and there is much less protection.

Our Cohabitation Fees

At Harrowells, our cohabitation solicitors will discuss your requirements and set out the cohabitation agreement costs that you are likely to incur at the outset of your case, and before any work is started.

Cohabitation Agreements Explained

What counts as cohabiting?

A couple who are in a relationship who live together but who are not married

What rights do unmarried partners have if they separate?

Couples have very few cohabitation rights and certainly a lot less than married couples. The law is a lot less certain and you should take advice from a cohabitation lawyer to understand what rights and claims you may have.

What is a cohabitation agreement?

A cohabitation form (or cohabitation contract) sets out what will happen financially whilst you live together and what would happen in the event of a separation.

What should a cohabitation agreement include?

A cohabitation agreement summary of your respective financial assets and liabilities, details of who owns what and how bills and expenses will be paid for. Crucially it should set out what happens if you separate and consideration should be given to how that changes over time and in the event of you marrying or having children.

Cohabitation agreement templates are likely to be available, but it is important to remember that each cohabitation agreement will be unique. This means that a template is unlikely to cover every single aspect that you would like to be considered with regards to your cohabitation rights.

What do people mean by common-law partner?

This refers to a couple who live together but common-law marriages are a myth and the rights which married couples enjoy do not apply to cohabitees.

Can a declaration of trust be overturned?

Yes, if the common intention of you and your partner changes over time.

Is a cohabitation agreement different to a living together agreement?

No a cohabitation form is the same thing as a living together agreement.

Is a cohabitation agreement legally binding?

A legally binding cohabitation order will be valid if it has been drafted correctly, both parties have received independent legal advice (ideally from specialist cohabitation solicitors) and it has been signed as a deed.

Cohabitation Law Insight from Harrowells

You can read our Divorce and Family blog here.

Contact our expert cohabitation agreement solicitors

Our cohabitation agreement solicitors in York, Clifton Moor, Haxby, Easingwold, Thirsk, Pocklington and Malton advise clients on a nationwide basis and we are experienced in offering effective advice, reassurance and regular updates by video and telephone.

If you live locally, you also have the option to meet us at one of our offices. You decide the best method of communication and we will tailor to suit. We have a reputation for offering practical advice that ensures you know your rights and that your interests are protected. Call us or email us for a confidential initial discussion so we can understand your situation and explain how we can help you.