Cohabitation & Unmarried Couples

What is Cohabitation?

Many couples choose to live together in long-term relationships without getting married. They may share a home, manage finances jointly, and raise children together. However, there is a widespread myth that living together for a certain period gives you the same legal rights as a married couple, often referred to as being a ‘common law spouse’. In reality, there is no such legal status as ‘common law marriage‘ in the UK. No matter how long you’ve lived together, cohabitation does not grant you the same rights or protections as marriage or civil partnership. This can lead to serious legal and financial vulnerabilities if the relationship breaks down. There are no laws for cohabitees to receive shares of pensions, lump sum payments or maintenance from their former partners except where the lump sums or maintenance are for the benefit of a child.

Specialists in Cohabitation Law

Cohabiting couples have often built up a life together over a long period of time. Therefore, there will be various issues to address during a separation. Broadly speaking, these issues may concern any children, financial provisions for the children and the redistribution of finances and any assets between the individuals themselves.

At Osbornes Law, we understand the challenges that cohabiting couples face. Our dedicated team of specialist cohabitation solicitors and family lawyers have in-depth knowledge of cohabitation law. We are committed to providing tailored legal solutions that protect your rights and secure your future. If you are facing cohabitation issues, contact us to speak to one of our team members.

Legal Services for Cohabiting Couples

Cohabitation Agreements

We prepare clear, legally binding cohabitation agreements that set out each partners rights and responsibilities. These agreements help prevent future disputes by clarifying key issues such as:

• Property ownership and contributions
• Financial arrangements, including bills and shared expenses
• Provision for children, where applicable
• Protection of individual assets in the event of separation

A well-drafted cohabitation agreement provides certainty and peace of mind, ensuring both partners understand where they stand legally, should the relationship come to an end.

Buying Property Together and Dealing with Property on Separation

Our solicitors advise on property rights, helping you deal with the complexities of jointly owned property. We ensure that your interests are protected whether you are buying a home together or dealing with property during a separation.

Disputes can arise when one partner has made financial contributions or improvements, but does not have their name on the title. In some cases, one partner may refuse to sell a jointly owned property or may have limited rights if the relationship ends.

Regarding the ownership of and interest in property where cohabitees or former cohabitees are not married, the Court applies the law of trusts of land, set out in the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The same is true of joint owners of property who were not in a relationship. The Court would look to the common joint intention of ownership of the property was, often determined by whose name the property is in. Still, factors such as agreements, financial contributions towards the property or the general circumstances can also show what the common intention was to be.

Addressing Financial Issues

Unclear financial arrangements can end up causing disagreements between partners. Our team helps secure fair financial settlements, ensuring that both partners’ contributions and future needs are considered.

• Read our blog post: Financial Rights of Cohabiting Couples
• Read our blog post: Unmarried With Children and Splitting Up

Parental Rights and Responsibilities

We offer guidance on parental rights and responsibilities, helping cohabiting parents establish and protect their legal rights. Whether it’s securing parental responsibility or addressing child maintenance and custody issues, we ensure the best interests of your children are prioritised.

Concerning financial disputes, if children are involved, the Courts will look first to the child’s best interests, needs, and carers. Often this can result in a property transfer to a carer until a child reaches the age of 18 or ceases full-time education, with the property then being sold and the proceeds divided between the two former cohabitees. The financial positions of the parents and their child’s financial needs will be important considerations.

• Read our blog post: Do You Pay Child Maintenance if Your Ex is Cohabiting?

Separation Agreements

In the event of a separation, we help couples create separation agreements that outline the division of assets, financial responsibilities, and arrangements for children. These agreements provide a clear framework for moving forward and reduce the potential for conflict.

Cohabitation Dispute Resolution and Mediation

Our cohabitation solicitors are experienced mediators who help couples come to fair agreements without having to go through stressful court battles.

• Read our blog post: NCDR Rules Guide Couples Away From Court

Could the law on cohabitation change?

Cohabiting couples currently have far fewer rights than married couples, but reform is being considered. The government is consulting on proposals that would give cohabitants who have lived together for several years, or who have a child together, a legal claim over property and a share of their partner’s estate if their partner dies without a will.

The law has not changed yet, and these are proposals only. You can read more in our guide to the proposed cohabitation reforms.

Get Advice From Our Resolution Accredited Cohabitation Lawyers

If you are involved in a dispute with a former partner to whom you were not married, then one of our family team can help you resolve these issues. Our lawyers are Resolution accredited specialists in Cohabitation Law.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811