Cohabitation Issues

Cohabitation Rights

Living together -Your rights and responsibilities as a cohabiting couple

Clients frequently consult us for advice on their rights and responsibilities towards a person they intend to live with, particularly where property is involved. They  also want to know if the birth of children during the course of the relationship will affect their rights and responsibilities towards each other.

Do cohabiting couples have the same rights as married couples?

No.  provide clarity on common misunderstandings. It is important to understand that unmarried couples do not have the same rights as married couples. The rights of an unmarried couple are usually limited to property rights (if beneficial ownership can be proved). That’s why having an upfront conversation with your partner about your intentions and expectations (and, ideally, recording the arrangements) is essential to minimise the risk of a protracted dispute if the relationship were to break down in the future.

Protecting your financial contributions when living with your partner

If only one of you is to fund a property, or where unequal financial contributions are to be made you should seek specialist advice early on. Our team of family law experts can advise you on how best to protect your interests and can record agreed arrangements in a Declaration of Trust  or a Cohabitation Agreement.

Our specialist team are experienced in advising on and preparing Declarations of Trust and Cohabitation Agreements, and can help you forward plan the arrangements that would best suit your circumstances.      

Relationship breakdown -Understanding your entitlement Read our blog  to find out more about property rights for unmarried couples.

As an unmarried parent you may be entitled to make a financial claim against your former partner on your children’s behalf.

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