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

What does cohabiting mean?

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

What is a cohabitation agreement?

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.

Do cohabiting couples have the same rights as married couples?

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.

 

Can a cohabitation agreement be enforced in court?

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.

What are occupation rights for cohabiting partners?

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:

  • Including these rights in a cohabitation agreement.
  • Entering into a deed of trust or other legal arrangement.

By planning ahead, cohabiting couples can avoid conflicts and ensure that both partners feel secure in their home.

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