Cohabitation Agreements

Our expert cohabitation solicitors are here to help you navigate the legal complexities of living together. Whether you’re planning to move in with your partner, purchasing a property we provide tailored advice to protect your interests.

Talk to one of our friendly and experienced team on 01442 872311

For two people planning to live together, we are able to advise and assist in drawing up a cohabitation agreement which will set out the agreement reached between you and your partner regarding your finances and joint assets if you subsequently separate.

While married couples or those in civil partnerships have specific legal protections under UK family law, cohabiting couples do not. Instead, issues like property ownership and financial entitlements are governed by trust and property law, which can be complex. A cohabitation agreement can help clarify these matters and minimise disputes on a later.

Our experienced cohabitation solicitors can assist you by:

Drafting a cohabitation agreement tailored to your circumstances.
Outlining rights and responsibilities during your relationship.
Setting clear agreements regarding property ownership, finances, and joint assets in case of separation.

For the best chance of enforceability, both partners should obtain independent legal advice and provide full financial disclosure before signing.

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Why cohabitation agreements are important

Without legal agreements, cohabiting couples face significant risks, particularly in disputes over property, finances, and other shared commitments.

A cohabitation agreement helps to:

Protect your financial contributions.
Minimise the risk of disputes during or after the relationship.
Clarify each partner’s ownership rights to jointly owned assets.

This proactive approach not only offers peace of mind but also prevents misunderstandings and lengthy disputes if the relationship breaks down.

Co-ownership: Joint Tenancy vs. Tenancy in Common

When cohabiting couples purchase property, choosing the right ownership structure is critical. To learn about the difference between Joint Tenancy and Tenants in Common, including how property ownership, inheritance, and trust deeds affect your legal rights please visit our Unmarried Couples and Property Ownership page.

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Frequently asked questions

Cohabiting refers to two people living together in a committed relationship without being married or in a civil partnership.

A cohabitation agreement is a legally binding document that outlines financial arrangements, property rights, and responsibilities for couples who live together. This agreement becomes invaluable in protecting both partners in case of separation.

No, cohabiting couples do not have the same legal rights as married couples. Issues such as property ownership and financial entitlements are typically governed by trust and property law.

While cohabitation agreements are still a developing area of law, courts increasingly recognise their validity if both parties have received independent legal advice and provided full financial disclosure.

If one partner does not legally own the property, they generally have no automatic right to remain there. The legal owner can ask the non-owner to leave by providing reasonable notice.

However, there are ways to protect occupation rights for non-owners, such as: