Cohabiting Guide: Everything You Need to Know for a Happy Home
11 minute read
Date Published - September 5th 2024
Date Updated - September 9th 2024
11 minute read
Date Published - September 5th 2024
Date Updated - September 9th 2024
Moving in with your partner is an exciting step in your relationship, but it’s natural to have a few challenges along the way. Whether you’re merging households for the first time or looking to make things more straightforward, getting to grips with the practicalities of living together can really help make the process smoother.
From working out how to manage your finances to deciding who does what around the house, cohabiting successfully is all about clear communication and mutual respect.
This guide will walk you through the emotional and practical sides of sharing a home, so you can both feel settled and supported as you start this new chapter together.
If you need legal advice about any issue relating to Cohabiting or Cohabitation Agreements, get in touch with our expert and compassionate family law solicitors.
When you cohabit, you're choosing to live together in a romantic relationship without being married or in a Civil Partnership. This arrangement has become more common in recent years, reflecting the way relationships are evolving in today's society.
There is no such thing as a common law husband or wife in English law and generally cohabiting couples are treated as two strangers, if any dispute ends up in court.
A couple that is cohabiting is one that is living together without being in a civil partnership or a marriage. On the other hand, a civil partnership is a legal arrangement whereby a couple (same-sex or opposite-sex) who aren’t related enter into a registered legal union.
Unlike cohabitation, a civil partnership gives the partners more legal rights and responsibilities towards each other during and when the relationship ends. However, cohabiting partners can draw up an agreement, known as a cohabitation contract, outlining their legal rights such as property ownership, parental responsibility, joint ownership of possessions, etc.
For more information on civil partnership rights, see our blog here.
A civil partnership is a legally recognised union between two people, offering many of the same legal rights and responsibilities as marriage. It's available to both same-sex and opposite-sex couples in the UK. Unlike cohabitation, a civil partnership requires legal formalities, including registration with official documentation to be valid.
In summary, here are some differences between cohabiting and civil partnership:
As a cohabiting couple, you do not have the same rights as if you were married. In fact, you have limited rights as cohabitating partners. For instance, if one partner owns property, the other will not usually have rights to the property. In relation to children, the father will not automatically have parental responsibility if they are not married to the mother. Also, there are no tax benefits for cohabiting partners.
Although cohabitation is very common now, those living together unmarried have next to no legal rights or protections.
If you rent a home and both names are on the tenancy agreement, then you are responsible for paying the rent and bills and adhering to other contractual obligations as tenants. If you separate and one person moves out, then the tenancy agreement must change. Similarly, if you own property together, you both have legal obligations to pay the mortgage and can split the sale proceeds if you break up.
On the other hand, when one person owns the property and the other is just living there with no legal rights, there are limited actions that can be taken upon separation. If the other person contributed to the mortgage payments, home improvements, or deposit, then they may be able to prove that they are entitled to some share in the property. However, it must be clear that direct financial contributions were made for the property with the assumption that the other partner has some interest in the property.
Cohabiting introduces joint financial responsibilities. Shared bank accounts can streamline the management of household bills and expenses. However, ensuring clear agreements about contributions is crucial.
Unlike married couples, you do not have automatic financial claims on your partner's assets or income. Creating a cohabitation agreement with the help of solicitors protects both partners. This document includes details on how shared finances are managed and what happens if the relationship ends, providing financial security and clarity.
The other partner does not automatically inherit the deceased’s estate with cohabiting couples, unlike marriages. Instead, the deceased’s Will will be looked at to establish how they wanted their assets to be distributed.
Unless the other partner is named as the nominated beneficiary, cohabiting couples cannot claim a right to the other’s pension.
If you have children as cohabiting partners unless the father’s name is on the birth certificate, they have no parental responsibility for the children. This means that they may not have a legal say in the child’s upbringing, education, medical needs, or best interests. However, on separation, the father will still need to make child support payments regardless of whether he has parental responsibility or not.
In comparison, with married couples, both parents will have parental responsibility and will be able to have a say about child arrangements upon divorce.
Cohabiting offers many wonderful experiences, but it's essential to protect your interests. Legal protections can help secure your rights and ensure a harmonious living arrangement.
A Declaration of Trust (or Deed of Trust) outlines the ownership shares of a property among cohabiting partners. It's a legal document that specifies who owns what percentage of a jointly purchased property. Both partners can detail their financial contributions, which ensures a clear understanding of ownership. This document can prevent disputes by recording each person's investment. Consulting solicitors when drafting a Declaration of Trust can provide clarity and legal protection.
To find out more about Declaration of Trusts, read our useful blog here.
A cohabitation agreement is a legal document designed for unmarried couples who have chosen to share their lives by living together. This comprehensive document outlines arrangements for finances, property, and children during the cohabitation period and in the event of a split, illness, or death.
While cohabitation agreements can be established at any point in a relationship, it's especially beneficial to consider one before moving in together. However, other significant life events, such as deciding to have children or getting a mortgage, can also prompt the need for a cohabitation agreement. Without such an agreement, unmarried couples may find themselves lacking essential legal rights.
Cohabitation agreements aren't exclusive to romantic couples. They can also be established between non-romantically involved individuals, such as friends or siblings, seeking to formalise their living arrangements and responsibilities.
Unlike married couples, unmarried couples don't automatically have rights. A cohabitation agreement ensures that each partner has a fair share of the other's assets, providing financial security.
For example, in a medical emergency, a cohabitation agreement can secure next of kin rights, ensuring that important decisions can be made promptly and in the best interest of the individuals involved. Beyond legal and financial aspects, a cohabitation agreement is practical for dividing bills and other responsibilities, promoting a harmonious living arrangement.
A cohabitation agreement is a legally binding document in the UK. It is essentially a contract between two parties who are cohabiting. Provided the agreement has been drafted correctly and includes all the relevant information that is required by law to establish a legal contract, it will usually be enforceable unless it is not drafted properly or is deemed to be unfair.
For cohabiting couples, a cohabitation agreement can be a valuable and often overlooked tool to safeguard financial, property, and familial arrangements.
If you and your partner are living together but not planning to get married soon, a cohabitation agreement is a flexible way to decide what happens to your assets if the relationship ends. If you're about to get married or enter a civil partnership, a prenuptial agreement is a good idea. It's made before the marriage or partnership and determines what happens to your finances if things don't work out, particularly to protect assets owned before the marriage.
The cost of drafting a Cohabitation Agreement varies. On average, it ranges from £300 to £1,000, depending on complexity and the solicitor you choose. Investing in a thorough and well-crafted agreement can save significant stress and financial burden in the future.
Creating a will ensures your assets are distributed according to your wishes. Begin by listing your assets and deciding who will inherit them. You can then write your will or use a solicitor to ensure it's legally sound. It's crucial to sign your will in the presence of two witnesses to validate it. Regularly updating your will, especially after significant life changes, ensures it accurately reflects your wishes.
If you’d like to discuss creating a Will or updating your existing Will with GloverPriest’s expert Wills, Trusts, LPA and Probate Solicitors, you can get in touch here. We can design your Will in such a way to help protect your family from expensive estate litigation after your death and we can safely store your Will in our secure vault.
Parental responsibility refers to the legal rights and obligations a parent has towards their child. This includes decisions about education, upbringing, and medical care. For unmarried fathers, parental responsibility is not automatic. They need to be named on the birth certificate or secure it through a parental responsibility agreement or court order. Understanding your parental rights can help ensure the well-being and legal protection of your children.
If you’d like clarification on your parental rights or, if your cohabitation is coming to an end and would like to discuss how a Child Arrangement Order could be beneficial, get in touch with our expert Family Law team who would be happy to advise.
Alternatively, if you’re a father looking for clarification on your rights, you can read our comprehensive blog on Fathers’ Rights here or get in touch with our specialist Fathers' Rights Solicitors directly here.
Eviction of a cohabiting partner is a complex process, largely dependent on the nature of property rights and ownership. If the property is solely yours and your partner is not listed on the lease or deed, you may have legal grounds to request their departure. However, it's essential to follow legal procedures to avoid potential disputes.
Your rights, when evicting a cohabiting partner, hinge on how the property is held:
For rented properties, tenancy agreements dictate the process:
Seeking legal advice is important if you wish to evict a cohabiting partner. Solicitors can help:
Protection for both parties involves adherence to legal protocols, which might include serving notice, attending court hearings, or seeking mediator assistance.
Evicting a partner may cause emotional stress. Discussing your case with a professional solicitor will ensure the process respects both parties' rights. Additionally, relationship counselling might provide emotional support, helping both of you navigate the situation with understanding and minimal conflict.
Living together without being married is an increasingly popular choice, but it comes with its own set of legal challenges. Unlike married couples, cohabiting partners don’t currently enjoy the same legal protections, so understanding your rights and responsibilities is crucial to make sure you’re protected. Thankfully, there are discussions about reforming these laws, and change could be on the horizon.
The push for reform is not new. Back in 2007, the Law Commission recommended that cohabitation laws needed to be updated, but progress has been slow. More recently, in August 2022, the House of Commons Women and Equalities Committee highlighted the need for greater legal protections for cohabiting couples and their children. Their proposal was rejected at the time, but the topic has gained renewed attention following a speech by Emily Thornberry at the Labour Party Conference in October 2023.
During her speech, Thornberry announced that a future Labour government would focus on reforming the law to offer more protection for cohabiting couples. This pledge, along with a clear commitment in Labour’s 2024 manifesto to “strengthen the rights and protections available to women in cohabiting couples,” has brought the issue back into the spotlight. However, as with all changes in law, it could take some time before any new legislation is passed.
We don’t yet know exactly what shape these reforms might take, or when they’ll come into force. As always, it’s best to consult a solicitor to make sure you’re fully protected and ready for any future changes.
At GloverPriest, we provide friendly and transparent family law advice. If you would like further help on understanding your cohabitation rights or information on cohabitation arrangements, please don’t hesitate to speak to one of our expert family lawyers today. Complete our enquiry form.
The main challenges include managing finances, dividing household chores, and maintaining clear communication and mutual respect.
Establish clear agreements on shared expenses and consider using a joint bank account for better financial management.
A common law partner is someone you live with in a romantic relationship without being legally married, which may include certain rights and responsibilities, especially regarding property and finances.
No, common law partners do not automatically inherit each other's estate. It's important to create a legally binding will for asset distribution.
Consult a solicitor to draft a Cohabitation Agreement and potentially a Declaration of Trust to clarify property ownership and financial responsibilities.
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