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Cohabitation and Unmarried Couples

Often couples choose not to marry or enter into a civil partnership, but instead they buy property together and cohabit.

However, if this relationship breaks down there is a different legal process to consider than applies to married couples. Our cohabitation solicitors can advise you on all the options.

With more and more people now living together and choosing not to get married, it is increasingly important to think about the division of property if there are cohabitation disputes.

Cohabitation Rights

The legal status or concept of common law marriage, or a common law partner is a myth and the law that applies to cohabitees differs significantly to that of married couples. For example, there is no automatic right to inherit from each other on intestacy and so it is advisable to protect your financial future.

Each case is different and it is advisable to be proactive and protect yourself from the outset as legal proceedings can be complex and lengthy. At Pearson Solicitors we have family law solicitors who are specialists in this particular area of the law.

It is vital to get legal advice should you separate or should your partner pass away. One of the best ways to legally protect yourself is with a Cohabitation Agreement, a Declaration of Trust or to make a Will.

Cohabitation Agreements

When an unmarried couple move in together a legally binding Cohabitation Agreement can be set up. This is a contract that sets out the financial obligations of the couple involved. Whilst many couples think it is not necessary and they will sort things out amicably should they split, the opposite is all too often the case and with emotions running high, lengthy legal processes and expenses can follow.

The Agreement can reduce some of the uncertainty as it deals with financial obligations, property issues, who owned the assets when they entered the partnership and the question of what will happen to the property when the relationship ends.

Our cohabitation agreement solicitors can guide you through the process.

Cohabitation Property Rights and Declaration of Trust

This deals with property ownership and is particularly important if the property in which you will be living is pre-owned by you. You need to safeguard yourself from any claim from your cohabitee against the property in the event of cohabitation disputes.

If you are considering buying a property together and you are putting down unequal amounts for a deposit your conveyancer can advise you to have a Declaration of Trust recording your unequal contributions. The Declaration of Trust will set out who gets what from any sale or transfer of property and may also be particularly relevant if you are paying a lump sum off the mortgage at a later date.

Contact our cohabitation agreement solicitors

Our cohabitation agreement solicitors are based across three office locations in Oldham, Failsworth and North Manchester (Junction 22 of the M60).

Call us on 0161 785 3500 today for a no obligation chat about how we can help with your cohabitation agreements. Email the team family@pearsonlegal.co.uk or use our online enquiry form and we’ll call you back.

Lucinda McWatt