Cohabitation FAQ's

Clough & Willis has many years of experience advising unmarried couples on cohabitation agreements, pre-nuptial agreements and civil partnership arrangements. Cohabiting couples often assume they have automatic legal rights similar to married couples, but the law in England and Wales applies very differently when a relationship ends or a partner dies.

Below are some of the most common cohabitation FAQ queries our family law solicitors receive. These answers provide general guidance, but every case depends on the specific circumstances and the legal position of each partner.

Is There Such A Thing As Common Law Marriage?

Many cohabiting couples believe that living together for a certain number of years creates a “common law marriage” and gives them the same legal rights as married couples. This is a popular belief, but it is not correct under the law in England and Wales.

Cohabiting does not give unmarried couples automatic rights over each other’s property, assets, pensions or financial support if the relationship ends. The legal position is very different from that of married partners or civil partners, and disputes are usually dealt with under property and trust law rather than the financial settlement rules that apply on divorce.

This can also affect inheritance. If a partner dies without a will, an unmarried partner will not automatically inherit under the intestacy rules, regardless of how long the couple hasve lived together.

For many couples, a cohabitation agreement and an up-to-date will are the best way to set out intentions clearly and protect both partners’ interests. A family law solicitor can advise on the most appropriate legal documents for your circumstances.

What Is A Cohabitation Agreement?

A cohabitation agreement is a written legal agreement between two people who are living together but are not married or in a civil partnership. It allows cohabiting couples to set out their financial arrangements and intentions clearly in a legal document.

A cohabitation contract can cover matters such as:

• How property is owned, such as joint tenants or sole name ownership.
• How household expenses and joint bank account contributions will be handled.
• Separate bank accounts and responsibility for debts.
• What should happen if the relationship ends.

Cohabitation agreements are often supported by additional documents, such as a will or a deed of trust, to reflect property shares and inheritance intentions.

Clough & Willis can advise on setting up a cohabitation agreement that reflects your circumstances and provides clarity for the future.

My Partner And I Are Separating And We Are Not Married. Can I Make A Claim On The House?

If you are separating and the property is not held in joint names, establishing a share in the home can be difficult. If the house is in one partner’s sole name, the other partner does not automatically have a right to a share. However, an interest may be established where there has been:

• A clear financial contribution to the purchase price or mortgage.
• Evidence of a common intention to share ownership.
• An agreement or understanding shown through the whole course of dealings.

Simple payments towards household expenses, council tax or utility bills are not necessarily enough on their own.

Once an interest is established, the court may then decide what share is fair in the circumstances. This is a complex area of family law, and legal advice from a specialist family law solicitor is strongly recommended.

What Can You Include In A Cohabitation Agreement?

A cohabitation agreement can be drafted to suit to the needs of unmarried couples and can address a wide range of practical and financial issues, including:

• Ownership of the family home and other assets.
• Whether property should be divided equally or in defined shares.
• Contributions to mortgage payments, rent, and household expenses.
• Financial support arrangements during the relationship.
• What happens to joint tenancy arrangements if the relationship breaks down.
• How savings, joint accounts or personal belongings should be treated.

When these agreements are drafted well by a solicitor with expertise in this area, they provide a clear written record of each partner’s intentions and help reduce uncertainty should the relationship end.

How Much Does A Cohabitation Agreement Cost?

The legal fees for a cohabitation agreement depend on the complexity of the arrangements involved. Costs may depend on factors such as:

• Whether property is owned jointly or in one partner’s sole name.
• The extent of assets and financial contributions.
• Whether children are involved.
• If additional documents, such as a deed of trust or will, are required.

Clough & Willis can provide clear information about legal fees at the outset, so you understand the likely costs before proceeding.

How Do I Set Up A Cohabitation Agreement?

Setting up a cohabitation involves a number of steps:

1. Both partners discuss and agree financial arrangements openly.
2. Full disclosure is made of relevant assets and property ownership.
3. A written legal document is drafted with the help of a family law solicitor.
4. Each partner takes independent legal advice before signing.

This process matters because, if there is later a dispute about the validity of the document, it helps show that the agreement was entered into freely and with full understanding.

What Does Cohabitation Law Cover in the UK?

Cohabitation law in England and Wales covers the legal position of unmarried couples in areas such as:

• Property ownership and financial contribution disputes.
• Parental responsibility and children’s arrangements.
• Inheritance and the impact of intestacy rules.
• Tenancy agreements and joint tenancy rights.

Different rules apply in Northern Ireland and Scotland, so advice should always reflect the correct jurisdiction.

How Do Cohabitation Laws Affect Couples?

Cohabitation laws affect couples because living together does not create the same legal rights as marriage or civil partnership. As a result, partners may have little or no automatic protection if the relationship ends or one partner dies.

For example, if one partner owns the home, the other partner does not automatically gain a right to remain living there or to receive a share of the property, even if they have contributed to household costs or renovations. Any claim would depend on complex property and trust law, which can be uncertain and disputed.

If a partner dies without a will, the surviving cohabiting partner has no automatic right to inherit under intestacy rules. This can leave them without financial provision or even without a home, particularly where the property is owned solely by the deceased partner.

When a relationship ends unexpectedly, there is no formal framework for resolving finances, unlike divorce. Disputes can arise over who owns what, how joint assets should be divided, and whether one partner should receive ongoing financial support.

Problems are especially common where one partner has made financial contributions without legal documentation, such as paying towards a mortgage or funding improvements to a property they do not own. Without a clear agreement, proving entitlement can be difficult.

A cohabitation agreement allows couples to set out how property, finances and responsibilities should be dealt with, reducing the risk of uncertainty and dispute if circumstances change.

How Do Cohabitation Agreements Protect the Legal Rights of Partners?

When properly prepared, a cohabitation agreement can be legally enforceable. To carry weight, it should be entered into voluntarily, with both partners providing full financial disclosure and taking independent legal advice. Where those conditions are met, courts will generally give the agreement significant weight, particularly if it is clear, fair and reflects the circumstances at the time it was signed.

In practical terms, a cohabitation agreement can protect a partner who makes financial contributions to property they do not legally own by recording whether those contributions are intended to create a beneficial interest, or whether ownership is to remain unchanged. It can also clarify how household finances are managed during the relationship and what should happen to shared assets or liabilities if the relationship breaks down, reducing uncertainty and the scope for dispute.

While a cohabitation agreement cannot create the same financial claims that arise on divorce, it provides a clear and structured basis for resolving issues that would otherwise be governed by complex and uncertain areas of law. Used alongside a will, it can also support inheritance planning by recording intentions that may be relevant if a claim is later made against an estate.

What Is A Pre-Nuptial Or Civil Partnership Agreement?

A pre-nuptial agreement is a legal agreement entered into before marriage. A similar agreement can also be made before a civil partnership.

Its purpose is to set out how prospective spouses or civil partners intend to hold assets during the relationship and what should happen if the relationship later ends through divorce or dissolution.

Pre-nuptial agreements are not automatically legally binding in England and Wales, but the court may give them substantial weight if they are:

• Entered into freely by both parties.
• Signed well in advance of the ceremony.
• Supported by full disclosure of assets.
• Considered fair in the circumstances.

These agreements form part of sensible financial planning, particularly where one partner owns property, has children from a previous relationship or holds substantial assets.