Cohabitation law & living together agreements

Cohabitation disputes can occur between any pair or group of people including friends, couples or family members who have been living together. They may happen when one or more people decide to end their relationship or when one person is asked to leave the shared residence.

Cohabiting couples have often built up a life together over a long period of time and may own assets and businesses, or have children together. A resolution will need to be reached as to how to divide the assets and make provision for the children, ensuring their best interests are met.

Our specialist cohabitation lawyers look after clients across Sussex, with offices in Brighton, Chichester, Crawley, Eastbourne, East Grinstead, Lewes, Peacehaven, Seaford and Storrington, as well as London.

Cohabitation disputes – what is the law?

Marriage and civil partnerships have a special status in law which provides a certain level of protection for each party if it breaks down.

However, protection is more limited for people who are not married but who are living together. There is no such thing as a “common law husband” or a “common law wife”.

To avoid any issues arising on separation, it is often sensible to consider entering into a cohabitation agreement prior to living together. Cohabitation agreements can help protect your rights to property and other assets if your relationship breaks down.

What cohabitation agreements can cover

A cohabitation or living together agreement aims to confirm the rights and obligations of each partner towards one other. If you are in a long-term relationship where you are making a significant

financial commitment, you may wish to consider protecting your assets with a more formal agreement.

Cohabitation agreements can cover the following:

• Financial arrangements
• Parenting and childcare arrangements

If you and your partner own a property, or you move into a property that they already own, you can also make a legal agreement about how you share that property, to provide clarity and equity, called a ‘Declaration of Trust’.

You should consider a Declaration of Trust at the time you purchase a property, rather than afterwards when the relationship breaks down. Important things to consider are:

• The financial contributions you each make to the property
• What will happen to the money and how it will be divided when the property is sold
• When the property will be sold

Getting help with cohabitation agreements from our solicitors

If you need advice from one of our cohabitation law solicitors about agreements or ownership of property upon separation, contact us today to make an appointment to discuss your options.