Cohabitation & 
Unmarried Couples

More couples are choosing to live together without getting married or entering into a civil partnership. However, living together does not automatically give you the same legal rights as a married couple, no matter how long you have been in a relationship.

If you are moving in with a partner, buying a property together or already cohabiting, taking legal advice can help you understand your position and put appropriate arrangements in place. Equally, if your relationship has ended, it is important to know what rights you may have in relation to your home, finances and children.

Bridge McFarland LLP can help with cohabitation agreements, declarations of trust, property ownership and disputes between unmarried couples.

Do Cohabiting Couples Have the Same Rights as Married Couples?

Co-habitation or “common law” partners are terms often used to describe two non-related people who live in the same property but do not have any form of legal registration of their relationship.

However, there is no legal status of “common law marriage” in England and Wales. Couples who are married or in a civil partnership have legal rights and remedies which do not automatically apply to unmarried couples when a relationship breaks down.

This can come as a surprise, particularly to couples who have lived together for many years, bought a home or raised a family together.

The legal position can depend on factors such as how property is owned, the arrangements you have put in place and your individual circumstances. It can therefore be sensible to think about how you want to manage your affairs while the relationship is going well, rather than waiting until a dispute arises.

Protecting Your Position While Living Together

At Bridge McFarland LLP, we can help you understand your legal rights regarding cohabitation law and identify the legal documents that may be appropriate for you and your partner.

Depending on your circumstances, this could include:

• Cohabitation agreements
• Declarations of trust
• Advice about legal and beneficial ownership of property
• Wills for cohabiting couples
• Advice following the breakdown of a relationship
• Cohabitation and property disputes

The right approach will depend on what you own, how your finances are arranged and what you want to happen in the future.

What Is a Cohabitation Agreement?

A cohabitation agreement records the arrangements you and your partner have agreed regarding your property, money and other aspects of living together.

It can be useful whether you are about to move in together or have already been living together for some time.

A cohabitation agreement might deal with:

• How household bills and living expenses will be shared
• Responsibility for debts
• Ownership of particular assets
• Contributions towards a mortgage or other property costs
• What should happen to particular belongings if you separate
• Financial arrangements if the relationship ends
• Arrangements concerning pets

Discussing these matters may not feel particularly romantic, but doing so can give both partners greater certainty. It can also reduce the potential for disagreements later by creating a clear record of what you intended.

Where children are involved, there may be additional matters to consider. We can advise separately on arrangements for children and your legal position as parents.

Buying a Property Together

Buying a home together is often one of the biggest financial commitments a couple will make, and it is particularly important for unmarried couples to understand how that property will be owned.

There are two aspects of property ownership to consider: legal ownership and beneficial ownership. Beneficial ownership concerns your financial interest in the property and can determine how its value is shared.

If you are buying jointly, you will also need to decide whether you will hold the property as joint tenants or tenants in common.

Joint Tenants

As joint tenants, you both own the property together rather than having distinct shares in it. If one owner dies, their interest in the property normally passes automatically to the surviving joint owner.

Tenants in Common

As tenants in common, each owner has a separate share in the property. Those shares do not necessarily have to be equal.

This may be appropriate where, for example, one person is contributing significantly more towards the deposit or you want to specify the proportion of the property that belongs to each of you.

Understanding these arrangements before buying can help ensure that the legal ownership of your home reflects what you actually intend.

What Is a Declaration of Trust?

A declaration of trust can be particularly useful where an unmarried couple buys or owns property together.

Unlike a wider cohabitation agreement, a declaration of trust focuses specifically on the ownership of a property. It can formally record each person’s beneficial interest and what you have agreed should happen in certain circumstances.

For example, a declaration of trust can set out:

• Each person’s share in the property
• The amount each person contributed towards the deposit
• How mortgage payments and other property costs will be dealt with
• What happens if one person contributes more than the other
• How the proceeds will be divided if the property is sold
• What should happen if one person wants to sell and the other does not
• What should happen to the property if your relationship ends

This can be especially important where you have made unequal contributions towards a property or where a parent or other family member has contributed towards the purchase.

Putting your intentions in writing at the outset can make your respective positions much clearer if circumstances change later.

What Happens to the House if an Unmarried Couple Separates?

Unlike divorce or civil partnership dissolution, there is no general process through which all of an unmarried couple’s assets are divided when they separate.

What happens to a property can depend on how it is legally and beneficially owned and whether there are documents, such as a declaration of trust, recording what was intended.

For example, problems can arise where:

• The property is in one person’s name but the other believes they have an interest in it
• Both partners own the property but disagree about their respective shares
• One partner wants the property to be sold and the other does not
• There is disagreement about contributions made towards the property
• The couple disagree about how sale proceeds should be divided

Property disputes between cohabiting couples can be legally complex. If you are separating and are unsure about your rights in a jointly owned home or a property held in your partner’s name, taking advice early can help you understand the options available.

Beneficial Ownership and Property Disputes

Legal ownership of a property does not always tell the whole story. In some circumstances, a person may claim a beneficial interest in a property even though their name is not registered as a legal owner.

Disputes over the ownership or sale of property between unmarried couples may involve the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

The court can be asked to determine issues such as the parties’ respective interests in a property or whether a property should be sold.

These cases are very different from financial proceedings following a divorce, so it is important to obtain advice that takes account of the particular property and trust law principles involved.

Bridge McFarland LLP can advise on property and housing disputes where disagreements about ownership cannot be resolved between you.

What Happens to Our Finances if We Separate?

Unmarried couples do not generally have the same financial claims against one another as spouses or civil partners.

That makes it particularly important to understand who owns particular assets, whose name debts and accounts are held in and whether you have previously entered into any agreements about your finances.

If you have a cohabitation agreement, declaration of trust or other relevant documents, these will need to be considered when determining your position.

Where you have children together, financial provision for them is a separate issue. Depending on the circumstances, there may be options concerning child maintenance or other financial provision for a child.

Cohabitation and Children

Separating as an unmarried couple does not in itself determine where your children will live or how much time they will spend with each parent.

You may be able to reach these decisions together. Where agreement is difficult, or you need advice about parental responsibility or your legal options, we can help with child arrangements and other issues affecting your children.

The focus in matters involving children is their welfare rather than whether their parents were married.

Why Should Cohabiting Couples Make a Will?

It is also important for unmarried couples to consider what would happen if one partner died.

Living together does not automatically mean that your partner will inherit your estate if you die without a Will. Making a Will allows you to record how you want your estate to be dealt with and can be an important part of protecting each other financially.

This can be particularly relevant where you own a home together, have children or have other assets you would want your partner to inherit.

It is sensible to review your Will when your circumstances change, including when you buy a property, start living with a partner or separate.

When a Cohabiting Relationship Ends

If you are already facing the breakdown of a relationship, we can help you establish where you stand and what needs to be resolved.

This might involve reviewing how your home is owned, considering a cohabitation agreement or declaration of trust, addressing a dispute about financial contributions or helping you deal with arrangements for your children.

Where possible, resolving matters through discussion or negotiation can avoid the cost and uncertainty of court proceedings. Where a dispute cannot be resolved, we can advise you on the legal options available.

If you were married or in a civil partnership, different rules apply and you can find further information about divorce and separation.

Planning Ahead Can Prevent Uncertainty Later

You do not have to wait until a relationship is experiencing difficulties before taking advice about cohabitation.

Putting clear arrangements in place when you move in together or buy a property can help both partners understand their position and provide a useful framework if circumstances change in the future.

Whether you want to prepare a cohabitation agreement, record your respective interests in a property or need advice because your relationship has already ended, Bridge McFarland LLP can help you work out the appropriate next steps.

Talk to Us About Cohabitation

Every couple’s financial and living arrangements are different. We can look at how your property and finances are structured, explain your legal position and help you put the right arrangements in place.

Call 0800 987 8800 or contact Bridge McFarland LLP to speak to our family law team.

Frequently Asked Questions about Co-habitation