Family
Cohabitation rights
It is a common misconception that, if someone has lived with their partner for two years or more, they have the same legal rights as a married couple. Without the provision of a cohabitation agreement, though, this is simply not the case.
What’s the difference between civil partnership and cohabitation?
While many might think that cohabiting with someone for a prolonged period might grant them the same legal rights as a civil partnership, they don’t actually have many protections.
In the eyes of the law, couples in a civil partnership have similar rights and responsibilities to married couples, having entered a legally recognised union framework. These cover aspects like inheritance, property, pensions, next of kin, and more.
Meanwhile, despite the fact that there are more than two million cohabiting couples in this country, successive governments have failed to consider the recommendations that were made by The Law Commission of England and Wales as far back as 2007, for the introduction of laws regulating this situation.
In other words, cohabitation doesn’t hold a legal status, making matters such as jointly owned property, pension benefits, and inheritance rights much more complicated. Until such laws are introduced, seeking cohabitation legal advice can provide more clarity if you’re in a long-term relationship that hasn’t been formalised.
Cohabitation law advice
Especially in the case of a relationship breakdown, it’s important for partners who aren’t married couples or in a civil partnership to obtain expert assistance from cohabitation solicitors.
Cohabitation legal advice can help parties divide the assets of the relationship. This can save time, and stress, in scenarios such as dealing with jointly owned property, where the couple are listed as joint tenants. Cohabitation lawyers can untangle all the details, from initial deposit to mortgage payments and other investments in the property (e.g. refurbishments, expansions).
Getting an insight into cohabitation law isn’t limited to separations, however. It’s equally as important to know your legal rights (or lack of) when it comes to inheriting assets should your partner die without leaving specific guidance in a will.
If you would like to learn more about your rights, we would also recommend reading our blog ‘Next of Kin: What Are My Rights?’
Jointly owned property – things to consider
One of the most contested areas that our cohabitation solicitors deal with during separations is jointly owned property. While married couples and those in a civil partnership will have automatic rights that protect their interests, there’s no cohabitation law framework. This can make things particularly tricky in the following scenarios:
Buying a property together – if you and your partner decide to invest in a jointly owned property, you’ll typically have a choice between becoming joint tenants, or tenants in common. Each option grants you different legal rights: joint tenants own the whole property equally, while tenants in common can hold unequal shares. To decide what’s the best option for your situation, it’s best to consult with cohabitation solicitors ahead of the house purchase.
Single ownership – if a property is purchased only in one partner’s name, the other party has no legal rights to it, despite the length of the relationship, how long they’ve lived there, or other contributions they’ve made.
The partner not named on the house deed can claim beneficial interest if they’ve made significant contributions to mortgage payments under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Alternatively, they might be able to request an order for the sale of the property – find out more about what this entails in our blog: ‘Applying to Court for an Order for Sale’.
However, it’s always better to seek cohabitation legal advice ahead of time so you can put any necessary documentation in place to avoid future disputes.
This can be done through a Declaration of Trust, which specifically outlines a couple’s financial arrangements regarding a jointly owned property. Alternatively, you can consider a cohabitation agreement, which deals with the finances and property of unmarried couples more generally.
How we can help
Some of the areas we can assist with include:
Cohabitation legal advice – as you build a life with your partner, we can provide insights on the best approach to living arrangements, inheritance planning, and legal documentation you should put in place when having children.
Cohabitation agreements – our cohabitation lawyers can also support you with drafting the paperwork, such as cohabitation agreements outlining arrangements for your couple’s finances and any jointly owned property, including mortgage payments and property division.
Separation disputes – if an agreement cannot be reached during a separation and court proceedings are necessary, our specialist team of cohabitation solicitors can provide the expert legal advice you need. This can include TOLATA claims for beneficial interests, occupation orders, and more.
Cohabitation legal advice on parental responsibility, inheritance, and more
Although it’s often the most talked about, splitting jointly owned property is not the only issue that can arise from the lack of clear cohabitation law. Here are some other areas that cohabitation lawyers can help with:
Paternal responsibility – in the case of cohabiting partners having children together, fathers don’t gain automatic paternal responsibility; their name must either be added to the birth certificate, or they need to obtain a court agreement.
Read more: ‘Legal Father Vs Biological Father – What Are My Rights?’
Inheritance and intestacy – unlike married couples or those in a civil partnership, cohabiting partners don’t automatically have the legal rights to inherit the property should one of them die without a will.
In the case of jointly owned property as joint tenants, you’ll gain possession of said property. However, if there are additional arrangements you’d like to make, speak to cohabitation solicitors for the best course of action.
Read more: ‘Do I Need to Make a Will? Why Bother?’
Occupation orders – in some instances, when a cohabitation partnership comes to an end, the two parties might be in dispute about who has the right to live in their communal home. Those cases call for the involvement of cohabitation lawyers, and a court order outlining who can reside in the property.
Working with expert cohabitation solicitors
Cohabitation without the backing of proper documentation puts you in a precarious position when it comes to your legal rights.
Whether you’re buying a home and moving in with a partner, starting a family together, or planning for the unexpected, cohabitation lawyers can help you lay the groundwork for a more stable future.
