Cohabitation Law

Contrary to belief “common law” marriage does not exist, so there is no legal entitlement to half of the house, or even a share of any equity in the property. The law looks at what has been agreed and how the property is legally owned.

It depends on what you agreed in writing. When you buy a property, you decide what percentage you are each entitled to and if there is no agreement in writing, or any departure from 50/50 ownership, the answer would be no.

Yes, it is still a good idea to enter into a cohabitation agreement even if you are renting. In the agreement, you will set out who is responsible for the cost of rent, bills and expenses. You may also own other property together, such as a car or furniture. You may also have children to consider, either from a previous relationship or children that you have together. While you cannot make provision for care arrangements for children in a cohabitation agreement, it can be useful to manage money matters.

You have no automatic legal responsibility for any step-children if anything happens to either of you.

In the absence of a valid Will, you would not automatically be entitled to a share of their ‘estate’ and you would have to go to Court to make a claim.

If you are going to live with your partner as ‘cohabitees’, it would be a good idea to enter into a Cohabitation Agreement. This is an agreement between the two of you which sets out how you are to hold assets, and how assets are to be divided, should the relationship breakdown. This will provide certainty for you and your partner as to where you both stand

While many feel that making a cohabitation agreement is pessimistic, it is more like an insurance policy. Having such an agreement in place can allow you to move forward in your lives together with confidence and security.

The law treats unmarried couples differently from married couples. Your cohabitation rights mean there’s a lot that can be done to protect your interests, including your financial assets. If there are children from the relationship, we can help you agree on arrangements that will work best for them.

Our knowledge of this complex area of law can help you to resolve your problems following a break-up with
a cohabitation partner, with your case treated with compassion and respect from day one.

• There is no such thing as a common law husband and wife.
• If a co-habitee dies, the survivor is not his or her next of kin and therefore may have to go to court to claim all or any of the deceased’s estate.
• You may not automatically be responsible for any surviving children of the relationship.
• A co-habitee does not automatically acquire an interest in his or her partner’s property simply by living there for a certain period of time. (The law in this area is so complex that some judges struggle to make sense of it.)
• Even if you own property together, you may not own it equally, especially if it was bought before 1996.